California Legal and Regulatory News

September 11, 2008 (by Otto Smyth)

According to reports by SUV Rollover lawyers, there has been a case filed in the California Superior Court in the county of San Bernardino by the law firm Bisnar Chase for the rollover death of Salvador Malchor. The law firm is representing Malchor’s wife in the case against Toyota, the suit claims that Malchor’s 2000 Toyota 4-Runner roof crushed due to an auto defect.

Malchors wife, Eustolia was a passenger in the vehicle at the time of the accident which occurred July 18, 2007 when they were traveling on Highway 15 in the vicinity of Hermosillo Sonora and Mexico Nogales when the vehicle veered to the right, leaving the road. This is when Melchor turned left in order to correct the vehicle and this caused the vehicle to travel across the lanes of traffic striking the highway divider causing it to rollover.

It is also claimed at the time of the rollover the roof crushed in and Salvador sustained fatal injuries, Eustolia sustained severe injuries in the accident. Both Salvador and Eustolia were properly seat belted at the time of the accident.

The suit also claims that Toyota knew prior to the accident of the defect of the vehicle rolling over and the roof crushing.

The suit also claims that Salvador was the financial provider for Eustolia and their ten children, who are now without the financial earnings that Salvador was bringing into the household and his future earnings. Bisnar Chase has included in this suit medical, funeral, burial, the lost earnings and future earnings of Salvador, wrongful death, personal injuries, along with pain and suffering.

If you or a family member has been injured in a similar rollover SUV accident there are experienced Orange County rollover personal injury attorneys that can be reached at 888-400-9721.newspersonal injury attorney los angeles.

In somewhat negative negative CAlifornia safwety news from the bay area, some passengers were hurt when riding in San Francisco’s historic and famous cable car system. According to various reports and statements from a San Francisco Municipal Transportation Authority spokesperson, the injuries happened during or perhaps immedietly after one of San Francisco’s cable cars derailed. This tragic and unfortunate cable car derailment was reported at approximately 12:00 a.m. in the vicinity of Washington Street where the rail curves for the cable car to turn onto Powell Street, according to a spokes person Judson True of the California SF Municipal Transportation Authority. Incidentially if you happen to reside in the greater bay area and you have been involved in an injury and therefore need the services of a wonderful
California Domestic Violence lawyer then take a look at the good offices of Edward N. Ajlouny. His clients from all over clients from all over the San Jose and surrounding region receive both aggressive and effective representation. After all, if someone’s negligent or intentional actions have injured you should be compensated for your loss. He is easily one of the best Lawyers in his area. He serves the bay are in general including the communities of Mountain View, Fremont, Milpitas, Campbell, Morgan Hill, and Cupertino. Now back to the article: before this incident occurred the operator of the cable car exited the car and began pushing the cable car.
According to the authorities, the cable car fishtailed and at least three passengers were injured, one sustained a broken leg and two other passengers sustained minor injuries, sadly enouph. All three of the injured victims were transported to the hospital after the accident. Wow what an awful tragedy to be certain.
All in all it should be noted that the actual speed of the cable car was unknown at the time of this regrettable accident, according to the relevent authorities that are looking into the case. This particular speed will obviously be under a microscope by the state of california along with factors outside of human control such as the gravitational force and the slope from the hill the cable car happened to be on during the time of the incident. As a matter of fact, these are just several of the relevent factors that will be under the microscope during what will certainly be a thorough investigation, considering the serious injuries that were sustained by the passengers in question. The spokesperson True also went on to later comment that at normal speeds a cable car usually does not derail, only fueling speculation of the obvious suspicion that there was some sort of human erroe involved in the tragic accident. The identities of the injured victims have not been released at this point in time and the San Francisco Municipal Transportation Authority has stated that at this particular time all of the cable cars will run on schedule in the foreseeable future.

Just got back from Los Angeles: More weird u-turns in the San Francisco policeman murder case that was reported on earlier: a woman who is suspected in the 1988 murder of a San Francisco police officer has been released from prison in Florida and turned over to ICE custody. The woman has been identified as one Catherine Kuntz. She is age 44 and is also a Scottish citizen, according to the reports.
Kuntz is suspected of the murder of a San Francisco police officer and Concord resident Lester Garnier. All told, officer Garnier was found in a parking lot of the Ross Clothing Store chain, having apparently died from recieving gun shot wounds. By the way, the authorities are seeking the public’s help in obtaining additional information on the case. So far one witness has told them after the gun fire that they saw a woman get out of the car he was driving.
The gun that shot the fatal shots which killed Garnier in this appalling murder case has been identified as an AMT semiautomatic pistol. This information was obtained from a report directly from the Walnut Creek Police Department.
Kuntz, who was living in the area at the time has a long and sordid criminal history of prostitution and drugs, and one of her finger prints was found on Garnier’s car. All in all, the San Francisco Police department has expended six years investigating why the fingerprint in question was found on the car and how she is actually involved in the crime. Could this be an accident in the lethal personal injury?

By the way, it should be noted that at this particular point in time the police department has not announced an actual direct connection per say between Kuntz and Garnier’s murder and with her in the custody of the Immigration and Customs Enforcement it will be determined if she is eligible for deportation. It seems to me that this criminal case has some eerie similiarities with this odd crime case as some of the elements of each seem to dovetail. You need a Los Angeles personal injury attorney then this accident lawyer may be for you.
Some of the other charges that Kuntz has faced have been a one year sentence for cocaine possession, which was the most recent of all the charges against her. In addition to this, she was tried in Virginia for attempted murder and arranging the murder of Gregory Kuntz, her husband. A real black widow, this one. However, in a rather bizarre twist on an otherwise strange case, Kuntz was acquitted after her husband testified in her defense. Why he did so was a mystery, but he may not have been aware of all the facts. maybe she promised to cancel the contract that was out on his life if he did.

At a point in time when brushfires, wildfires and occasionally even arson are wiping out large swathes of land across the state I thought it would be a relevent time to post this article, written by expert Richard Patton. Many peoplehave been effected in recent months all over the west coast. This article has been slightly edited for length and format. I realize that to many individuals, anything that has not been done is something that can’t or should not be done. But it is quite common to protect a building from an internal fire for a fire rating duration of up to four hours. As a matter of fact, the fire protection community was so enamored with the idea of a fire resistant structure that they termed it a “fireproof” building. Then, for more than 70 years or so the fire officials who controlled the fire codes wrote codes to prevent fire sprinkler systems from being installed in nearly all the “Life-At-Risk” type buildings, including high rises, hospitals and even individuals houses. The idea was that if the building was “fireproof” then there was no point in installing sprinklers in them. The fact that the contents of the buildings would burn and that when the contents burned, so did the people within, apparently got lost in the shuffle, so to speak.

To build a house which is resistant to an external fire there are some ready solutions. Of course the roof must be fire resistant but this is no major problem because such roofs are already on the market.

All in all, in order to protect a house from being ignited by an external fire the following is required: The exterior walls have to be constructed from a fire resistant material. Wood trim should be non existent or at least should be painted with fire retardant paint. Shutters for the windows should be available to block radiant heat from entering and igniting the interior combustibles. If a wood deck or porch or other exposing combustible construction exists, install some sidewall sprinklers or special fog nozzles arranged to wet down the combustibles and shield the house. What also is required is to determine the probable maximum temperatures created by the exposing fires and the probable maximum time duration of the exposures. Then it will be much easier to define the fire resistance required to keep the fire out of the house. Broadly speaking, all of this should be quite simple to accomplish for a technologically advanced nation such as the United States.

 In general, those who value their houses and safety should have had the knowledge to gain this safety years ago. Why has the fire protection community ignored the problem and failed to define the solutions for these many decades during which homes have burned when the forests and brush have burned? I know the answers to those questions, but I also know that the answers will not be well received.

 It should be noted that fire is a hundred billion dollars per year business. Yes in the tens billions, you heard correctly. The National Fire Protection Association and Underwriters’ Laboratories are the gate keepers to the controlled market place. The International Association Of Fire Chiefs (IAFC) and the fire department plan reviewers and inspectors are the enforcers. It is virtually impossible to market a fire related product unless one pays hugely for the laboratory testing and is able to write the product into the appropriate fire code. What I would like to see is the technology to protect the home defined, but not controlled, mandated and stagnated by government. That way, within a free market where advances can be made as technology improves, the fire science could be perfected. Under the present code system, once the code is written the ability to make advances disappears because those who control the standard and thus control the market, will prevent change. In addition, those who control the codes will write them so as to bar competitors from the market. 

For instance, the fire sprikler industry produced codes which essentially required large iron pipe and huge water supplies, sometimes creating costs for protection many times greater than would be needed for properly engineered systems. One reason that this happened is that by maximizing the price they believed they maximized their profits. But, more important, the mandating of pipe sizes in steel pipe up to eight inch represented a barrier to the plumbing industry, which primarily of smaller businesses. The plumbing industry was not ready to handle the large steel pipe which was actually required here. The steel pipe had a serious corrosion issue, unfortunately and was much more susceptible to earthquake damage.

RICHARD M. PATTON, FIRE PROTECTION ENGINEER 

AUTHOR, THE AMERICAN HOME IS A FIRE TRAP

President of

THE CRUSADE AGAINST FIRE DEATHS, INC.

POST OFFICE BOX 196 CITRUS HEIGHTS, CA 95611 ? PHONE 916 721 7700 FAX 916 721 7738

WEB SITES: WWW.FIRECRUSADE.COM

Are you in the San Francisco bay are and feel as if you have been wrongfully accused of an offense? Seeking out a Defense Attorney in the San Francisco bay area is your initial step in getting your charges reduced. If you have been arrested for a crime, especially a felony offense, you know first hand all the stress that it generates.

  Unlike a lesser misdemeanor charge, a felony conviction may carry the consequence of imprisonment for over a year in jail as well as monetary penalties, or fines. Felony charges include felony drunk driving, murder, robbery, kidnapping and treason. It is certainly in your best interest to find a qualified Attorney. Do not try to wait untill your court appearance to get expert advice and counsel Defense or personal Injury Attorneys in San Francisco can help get your charges reduced and in many cases you can wind up only being charged with a misdemeanor. Misdemeanor charges are only punishable for up to a single year in prison. By the way if you happen to live in the San Francisco bay area and are in need of a great San Francisco Personal Injury Attorney
in the bay area then may I recommend the Law offices of Scott Righthand. he is certainly one of the very best not only in San Franciscio but also in Oakland and the greater Bay area generally, in my personal opinion.

  It is suggested that you only speak to your Defense or personal Injury Attorney about the charges that are being brought against you. Speaking to family members or friends about the matter may cause what you have said to be held against you. What ever you tell them may be used in their testimony in court. Best advise is to not talk to anyone but your own attorney about it.

 Even if you are guilty and want to testify to that, a Defense Attorney should nonetheless represent you. Retaining an attorney could mean the difference in spending over a year in jail the just doing community service. There are numerous levels of punishment for the various crimes and your attorney will be aware of them all. He or she will be able to advise you as to what your options are.

 You have the right to not testify against yourself in court and by having your attorney represent in

Denver you; you will know your constitutional rights are not being violated. Once you are convicted of a crime, the charges will remain on your record. It will not matter if it¢s a felony or a misdemeanor. However felony charges can and do prevent persons found guilty in finding employment and reputable housing.   So

If you have been charged with a felony you can turn to a reputable San Francisco based attorney.

A Personal Injury Settlement Amount Is Impossible To Determine
By Michael Ehline

When a person is involved in any type of accident, auto, work or any other and they seek an attorney to represent them much of the settlement amount will depend on how their case it built by the attorney and on the insurance company and insurance adjuster. Some insurance companies, will ow ball your lawyer and leave him no choice but to sue. The jury who will hear the evidence and make their decision how much of a verdict should be awarded to the plaintiff, and often the defense attorney can gauge whether the case should settle on the court house steps.

Choosing the right attorney in Irvine, Cypress or Dana Point who will investigate your accident and has experts who will testify in court will help the amount of the settlement in many cases. However, the end result is what the witnesses, insurance adjustor’s, and if unable to settle, the jury has heard, and comprehends about your accident. While this may sound easy, each accident is unique and has elements that need to be explained to the jury in a manner that they will fully understand.

The attorney that you have chosen also needs to present himself in a manner that the jury will listen to with their full attention, one that has experience in the type of accident you have suffered and has a skilled staff and experts at their disposal.

This alone can help the amount of your court house steps settlement, a well presented case will have more effect on the jury than a poorly presented case, this is also the reason why a personal injury settlement amount is impossible to determine and is almost always an educated guess. This is because the amount of your settlement ultimately lies in the hands of the attorneys, insurance company and if unable to settle, the jury, and what they understand about the injuries that you have wrongly suffered. When a jury is confident they understand a case and the injuries involved they will also feel confident in awarding the proper amount of verdict to the injury victim.

It is wise to understand this because as each accident and injury are unique so is each person and it takes experience to tell a story to twelve unique individuals, giving them the proper information to all come to the same decision at the same time and with the same information. For this reason this is why a personal injury settlement amount is impossible to determine, and if it is unreasonable, it will be the decision of twelve unique individuals as a damages verdict.

When an accident victim seeks an attorney they need the proper legal representation, meaning if you have an accident on a job site you would not speak with or hire a criminal attorney. When you have an accident and are injured you want the most experienced Orange County personal injury attorney, or Los Angeles injury lawyers. Reading education articles written by lawyers is also a helpful way to learn about your legal rights, duties and obligations.

Article Source: http://EzineArticles.com/?expert=Michael_Ehline
http://EzineArticles.com/?A-Personal-Injury-Settlement-Amount-Is-Impossible-To-Determine&id=1040192

Shante Broadus better known as the wife of Snoop Dogg (formerly Snoop Doggy Dog) was stopped in Fullerton, California on Saturday last week for suspicion of dui. This occurred in the vicinity of Sherman Oaks and it has been stated she was in the car by herself.

Mrs Dog who has her own clothing line and appears on Snoop Dogg’s cable television program was arrested in Orange County and after being incarcerated was then charged with a misdemeanor DUI offense and released pending a court hearing. By the way, if you are in the greater Southern California region or Los Angeles County locality and you are in need of a very high quality Los Angeles wrongful termination attorney lawyer then by all means take a look the the Law offices of Mr. Michael Eisenberg.
He can help with such issues as being retaliated against for making a complaint of discrimination or perhaps for taking pregnancy or medical leave. Call for your free consultation.There has been no release of the test results the police have stated she was arrested and their has been no statement from Broadus or Snoop Dog’s publicist.

The Unseen Danger of Riding the Train
By Michael Ehline

Each day thousands of people ride the train to work and for various reasons from the ease of transportation without dealing with city traffic, the savings of having one car that needs upkeep, insurance and gasoline in today’s high fuel market at the gas pumps. There is also connivance of not having to look for or pay for parking, so it is connivance along with saving money that have many people on the train five or six days a week. But the unseen dangers of riding the train are real and present at all times.

While driving a vehicle in the city can be dangerous and accidents occur several times a day on the streets, freeways and highways of Van Nuys. These same people do not realize the dangers that can be waiting for them any day of the week on the train.

Dangers can lurk anywhere from the train station to the train itself, when walking in the train station there are often wet floors that have recently been mopped that can be a hazard where a slip and fall injury can occur. There is the fact that once on the train the rider has no protection such as seatbelts in case the train comes to a halt quickly or if there is an accident of any type. The train is often crowded and this means that there are more possibilities of injury due to standing on the train, more people crowded while waiting for the train to board it leaves the possibility of being push, shoved and otherwise maneuvered where injuries are possible.

The unseen dangers of riding the trains are all around in Van Nuys, Marina del Rey, San Dieo and Los Angeles Counties, and with each ride it could end in severe injuries and when it does there will be medical bills, lost time from work and the passenger train rider and victim hit by the train needs to be compensated. This is why there are Los Angeles train accident attorneys that specialize in train accidents and know how to prepare a case that will bring the settlement the train injury victim deserves.

The types of injuries that can occur during an accident on a train are lacerations, cuts, scrapes, broken bones, back injuries, head injuries, spinal cord and brain injuries, and even worse at there are hundred of deaths associated with train accidents.

One problem with riding the train is that the train rider has no control and this means when an accident is going to occur there is no time to be prepared for the impact.

The experienced Los Angeles train accident attorneys typically are Los Angeles accident attorneys who understand there might be multiple injuries like brain injuries and anatomy and wrongful death when a person is involved in a train accident no matter how minor the accident is because they have no real protection. This attorney will also know the laws that are specific with trains as they are a form of public transportation so they have different laws that govern them than the laws that cover other traffic accidents.

Article Source: http://EzineArticles.com/?expert=Michael_Ehline
http://EzineArticles.com/?The-Unseen-Danger-of-Riding-the-Train&id=1242753

Learn more: Address 633 W. Fifth St., 28th Fl. Los Angeles, CA 90071; 1875 Century Park East Suite 700 Los Angeles, CA 90067; 14003 Palawan Way Marina del Rey, CA 90292; 620 Newport Center Drive Newport Beach, CA 92660. Phone 888-400-9721.

What kinds of cases will a Workman’s Comp lawyer actually take on when I have been injured at the workplace?

  This is a question asked by a large number of individuals since most of them simply don’t fully realize what this type of lawyer in Los Angeles or elsewhere takes on for legal cases until they have been injured and then try to seek out releven counsel.

  The type of cases which a Workman’s Comp lawter will take on are generally the ones which will assist in making an injured employees life better, one that will give them compensation that will pay their hospital or clinic related bills plus also settlement for the pain and/or loss wages they have suffered from.

   Civil Legal Cases that not only will help now but also in the future such as:

v     Various Compensation to cover possible hospital and/or health care or clinic related expenses

v     The loss of future earning wage potential for when the injury is one where the employee can not return to the type of employment they did when injured

v     Physical Impairment or worse, disfigurement, when a said worker has been extremely injured.

v     Disability relief benefits for the worker that has been disabled by their injury while at the actual workplace.

v     Death benefits for dependents of the employed that was fatally injured at their place of employment.

  

  By the way if you happen to reside in Los Angeles and you are looking for a truly top notch Los Angeles Workers Comp Lawyer then I highly suggest that you take a look at the Law offices of Peyman and Rahnama. They serve primarily Southern California as well as the greater Los Angeles area in areas such as Inglewood, Torrance, Redondo beach and Malibu, among other localities.. In addition, they also serve Las Vegas. Alright back to the article at hand: There are some injuries that employees may not know that are considered injuries that have occurred on the job or because of the job and these people can seek the advice of a Workman’s Comp attorney that can advise you about the case you might have and these injuries include:

 

v     The employee who has had fractures while at their place of employment

v     The employee that has herniated discs

v     An employee with back sprains or strains

v     The employee who has been diagnosed with Carpal Tunnel Syndrome

v     The person who has had neck injuries

 

   The list goes on of injuries which may happen and ones that employees should be aware of and compensated for like shoulder injuries, back or spinal injuries, ringing in the ears, headaches, loss of vision, or foot or hand injuries, internal injuries, whiplash, orthopedic injuries and fibromyalgia just to name some of the afflictions which may happen during a persons time of work and ones that a Los Angeles Workman’s Comp lawyer realize the law protects workers who have been a victim of these injuries in general.

There are many who believe that in the event of a fatal crash occurring, the driver that is responsible for the accident should be forced to under-go a mandatory blood test for alcohol and drugs, to determine if the driver was under the influence at the time of the accident.  However, along with four (4) other states, there are those who feel this is an unreasonable expectation. Santa Clara Sheriff’s Deputy James Council was involved in an unfortunate fatal accident in Cupertino that occurred last Sunday when the Deputy claims he fell asleep at the wheel, causing him to run over the cyclists that resulted in their death. By the way, if you happen to reside in the greater Los Angeles and/or Southern California area in general and you need a wonderful accident lawyer

los angeles then please take a look at the brilliant Law Offices of Steve Sweat. They are among the best in their field. So if you require an accident lawyer los angeles or perhaps a wrongful death or premises liability victim lawyer in the same vicinity or in the nearby vicinities like Beverly Hills, Redondo Beach, Huntington Beach, West Covina and some other local areas in the Los Angeles region and Southern California as a who, then you should do yourself a great big favor and give Steven Sweat and his associates a ring. In addition, Steven handles injury cases related to construction, boating, trucks, buses, tractors as well as pedestrian accidents too. As you can see he is a very versatile and talented lawyer. Steve’s Law Offices are located at

6399 Wilshire Boulevard, Suite 810 Los Angeles, CA 

90048….Alright now back to the story at hand… Currently there are no laws requiring a person who is involved in a fatal crash to submit to blood alcohol and drug tests.  Responding officers to accidents have the ability in deciding whether they have probable cause in believing the operator of the vehicle is under the influence.  Such as signs that include slurred speech, unsteadiness, bloodshot eyes, or being able to smell alcohol. Since the California Highway Patrol did not administer a drug and alcohol test to Council, this would indicate that he didn’t exhibit the signs of being under the influence.