2221 Camino Del Rio S, Ste. 207, San Diego,CA 92108 • 619-444-2244    Free Phone Consult

Personal Injury • Business Law • Civil Litigation
2221 Camino Del Rio S, STE. 207
San Diego, CA

619-444-2244 

Free Consultation

Author: Steven Elia

Mr. Elia has extensive litigation experience having appeared at more than 1,000 civil hearings including jury and bench trials, over 500 depositions, and hundreds of mediations. Some of his cases have made national headlines. He specializes in personal injury, business law and civil litigation in and around San Diego.

More than 340 cases of salmonella have been reported since August related to tainted cucumbers distributed by San Diego company Andrew & Williamson Fresh Produce. Seventy of those cases resulted in hospitalization, and two led to deaths, one in Texas and one here in San Diego. The San Diego victim was a 99-year-old woman who died three days after entering the hospital. Just today her family filed a wrongful death lawsuit against the distributor. It’s not the only lawsuit the company is facing; last week a Minnesota woman sued for damages after she was hospitalized after eating salmonella cucumbers as part of a salad.

cucumbers
Image copyright Karen and Brad Emerson, taken from flickr.

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An airplane accident near San Diego’s Brown Field Municipal on Sunday left five people dead. Two planes collided mid air. One was a solo piloted Cessna 172, the other a Sabreliner with four persons aboard. The accident occurred at 11 am and spread wreckage across a quarter mile area.

San-diego-midair-collision tweet saying plane still smoking after crashing east of Brown Field.

So what happened? Who or what was to blame? How could this plane crash have been prevented?

This is a tragic, tragic accident and everyone wants to know how something like this can happen, or more importantly, how it could have been prevented.

Investigations into the cause of the accident are ongoing with the wreckage of both planes already on the way to Phoenix. And it will be some time before anyone really knows what went wrong because there are so many questions and unknown factors.

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We’ve passed the midpoint of the summer season, meaning it’s time to start thinking about the end of summer fun. While you’re getting the kids ready to go back to school and packing away the outdoors supplies, you might want to check the expiration dates on the consumables. Bad batteries can leave you in the dark if you fail to catch them, but replacement batteries are easy to find and disposal is just a trip to an e-waste center away.

Signal flares are a bit harder. If you own a boat, like many do here in San Diego, you probably own a flare gun since you’re legally obligated to have three signal flares of some kind if you go boating at night or if your boat is more than 16′ in length in case of accident or breakdown. Car owners are advised to have some road flares on hand for emergency purposes as well. Hikers and campers might own a flare gun of their own in case they get lost, though they might think twice about firing it at the height of burn season.

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Why bother getting potholes fixed? Because they can damage your car, but even worse, they can take a life

In an earlier piece about pothole damages and liability (yes, they can take a life) in which I hopefully gave you some good reasons why you need your city to fix those messy potholes, I skimmed over methods of actually how to report the annoying road hazards.

The fact is, the civic minded citizen is spoiled by an abundant choices of reporting tools. Cities and municipalities have phone lines, fax numbers, online services, and a small handful are creating apps or partnering with third parties to make apps. Not all these tools are easy to use or remember, though, and it’s not likely you have your city’s service request hotline in your address book.

Unfortunately, because reporting the existence of a pothole can be a pain, or just tedious, and since there’s no immediate benefit, we don’t do it. We should though because last year potholes caused over $6.4 billion in damages from causes large and small, and that doesn’t take into account bodily harm.

Man fixing pothole, U.S. Air Force Photo By/Josh Plueger [Public domain], via Wikimedia Commons
By U.S. Air Force Photo By/Josh Plueger [Public domain], via Wikimedia Commons

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Scientific studies conducted over the last few years are suggesting that texting and driving is as dangerous as severe intoxication is to driving. Back in 2009, Virginia Tech released a study that texting and driving increased the likelihood of an accident by twenty-three times compared to driving with no distractions. That means texting and driving is six times as dangerous as driving with a BAC of .08.

Right now, texting and driving causes fewer deaths than drunk driving, but with how fast people are buying cellular and smart phones, and how necessary they’re becoming to daily life, it’s only a matter of time before texting and driving accidents overtake them – UNLESS we nip the trend in the bud.

man texting and driving

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At the start of June furniture maker Pali Design of Canada recalled 20,000 pieces of children’s furniture, including armoires, dressers, hutches, and bookcases. The pieces were made between 2006 and 2010, and were sold across the United States and Canada via the internet, in independent specialty shops, and Babies R Us. A recall was called in response to a single incident where a Wendy Double Dresser tipped over because a restraining strap broke. No injuries were reported in the one case, and no similar incidents have occurred, and yet Pali Design is handing out a replacement part, indicating that they’re taking it seriously.

chest of drawers in children's room

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You may think potholes are insignificant. But a small hole can put a deep cut into your pocketbook – and even take a life!

Who would’ve thought that a little hole in the ground could cause so much harm. Safety researchers are estimating that potholes will cause roughly $6.4 billion in damages to cars this year. That’s a lot of cash!

Most pothole damage goes to tires and shock absorbers, but everything from brakes to steering and even your engine can be damaged. Repairs start at $50 but go way up if your engine is involved, and can be a nasty surprise if they go unnoticed until a routine service check.

Consequently, it might be time for you to take a fresh look at potholes. They are not just the little bump in the road you thought they were.

san diego potholes

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Proposal would make California the only state where this motorcycle lane splitting is allowed—and regulated by law.

Say you’re taking the freeway at rush hour, with traffic backed up in front, behind and to the sides, and just as you start toying with the radio a Harley goes howling by your left side, in the space between your car and the next lane over. That’s lane splitting, and even more surprising than the unexpected motorcycle is that the act is permitted in California. That isn’t quite the same thing as the practice being legal, and most states prosecute lane splitting even where there is no law explicitly against it. California is the only state where the police and the C.H.P. don’t go after people who do it. That could change soon, as the California legislature is considering a bill that would make California only state where lane splitting is legal.

Motorcycle lane splitting on highway bridge

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Don’t drink and drive would be a lot easier with these all over San Diego

On May 16th, two young women were killed in a wrong-way DUI car acccident on SR-163 in the Mission Valley area. Sadly, the driver was repeatedly warned by his friends not to get behind the wheel. While it still requires personal committment to drive safe, perhaps Uber has the answer.

Back in April, Uber planted a kiosk in downtown Toronto, Canada. About as tall as an ATM and half as wide, Uber Safe has a screen, a breathalyzer, and a straw dispenser. Insert a straw into the breathalyzer and blow for five seconds to get your BAC measured. If you’re over the legal limit (0.08, just like California) the machine arranges for an Uber driver to pick you up and deliver you home. The cost? Absolutely free. See Uber’s demo video after the jump.

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