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

619-444-2244 

Free Consultation

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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Another wrongful death case is playing out here in Southern California. This time it involves the deaths of two people at a Riverside bus stop in 2012.

Joe Darnell Williams pleaded guilty this week on two counts of involuntary manslaughter. 46-year-old Williams, who has a history of blackouts, allegedly suffered a seizure when he sped through a green light and veered onto a sidewalk, striking a bus bench and killing 28-year-old Melissa Bernal and 7-year-old Aniya Mitchell. The girl’s parents were also severely injured.

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Deadly Truck Accidents on the Rise

San Diego truck accident attorney Steven Elia has been closely following a new report by the NHTSA that shows deadly truck accidents are on the rise.

According to the agency, fatal accidents involving large trucks across the nation increased 3.7 percent in 2012. This marks the third consecutive year of an increase in truck accident fatalities.

Accidents involving trucks can be especially dangerous.

“When a truck hits a smaller car, the result can be catastrophic.”

Death or permanent injuries can happen. Severe property damage takes place. Furthermore, officials say “truck accidents are more more likely than car-on-car accidents to kill at least one person involved“.

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As wrongful death lawyers we are often touched by the cases we handle and the stories the read in the news. And this one about the Asam wrongful death case is no exception.

In a case that has made national headlines, a 13-year old girl was awarded $150 million after she watched her family burn to death in a fiery accident on a Los Angeles freeway. The jury found a California trucking company and one of its drivers liable in the deaths of three members of the Asam family nearly four years ago.

Kylie Asam was 9 when she and her 11-year-old brother, Blaine, managed to escape from their family’s mangled SUV after it struck and got caught under a big rig parked on the shoulder of Interstate 210 nearly four years ago. They saw their parents and older brother get burned alive after the vehicle they were trapped in caught fire.

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Monster Energy Drink is in the news with the mother of a teenager who died from cardiac arrhythmia last year blaming his death on the popular energy drink. A Monster Energy Drink lawsuit filed earlier this month alleges the teen’s heart condition and subsequent death was caused by habitually drinking the beverage.

19-year-old Alex Morris went into cardiac arrest July 1, 2012… and was taken to the hospital where he later died.

The lawsuit filed in Northern California’s Alameda County alleges Morris would not have died if he did not drink two cans of Monster Energy Drink a day for three years.

Meanwhile, a similar situation is unfolding in Georgia where a mother claims Monster caffeine levels are responsible for her child’s chest pains.

“My eldest daughter started to complain of chest pains about six months ago,” Elizabeth says to LawyersandSettlements.com. “I mentioned it to my friend and she said I had better ban all those energy drinks. Right away I looked online – ohmigod, I couldn’t believe it. I might as well have given my kids a beer or a cigarette!

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When it’s Time to File a Wrongful Death Claim

When a car accident or other incident takes the life of a loved one, grief can often cloud a person’s ability to make important decisions. And rightfully so. In a wrongful death situation, the last thing you want to deal with is legal matters. But the sadness you feel for the death may overshadow other circumstances if you are not prepared.

At the Elia Law Firm, APC, we understand how overwhelming it is to lose someone suddenly. Accident or not, a wrongful death is unfair and undeserved. While we can’t change what happened, we CAN help you achieve two things:

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The U.S. Coast Guard scheduled a hearing in early September in the case of an eight-year-old boy who was killed in a collision with a Coast Guard cutter, according to San Diego’s Channel 10 News.

The three Coast Guard petty officers involved in the San Diego boat accident have been charged with various offenses, including involuntary manslaughter, negligent homicide, aggravated assault, and dereliction of duty. During the hearing, the court will review the evidence and decide whether the case should proceed to trial.

The boy, a resident of Rancho Penasquitos, was aboard a boat in San Diego Bay with three families, who had ridden into the bay to watch the annual Parade of Lights. After the Coast Guard cutter collided with the families’ boat, the boy was rushed to the hospital, but did not survive his injuries. A four-year-old boy who was also on board had his skull fractured in the crash, but is recovering from his injuries.

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A preliminary hearing has been set for a 19-year old driver who struck and killed a 4-year old boy, a 10News.com article reports. The motorist is being charged with hit-and-run causing death and has been accused of not stopping after hitting the child on South Encanto Street in San Diego. According to the article, the driver dragged the young boy for 25 feet and returned to the scene of the accident after telling his mother that he thought he struck someone. If the teen is convicted, he may face up to four years in prison in addition to other possible charges.

This fatal hit-and-run San Diego pedestrian accident emphasizes the serious consequences of drivers failing to see pedestrians and not stopping at the scene of a crash. Not only does a motorist potentially face criminal charges, but he or she may also face civil penalties to compensate an injury victim or a wrongful death victim’s family.

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The U.S. Occupational Safety and Health Administration (OSHA) has fined SeaWorld $75,000 for the death of a trainer at the Orlando theme park in February. The Orlando Sentinel reports that the federal fine raises the question of trainer safety when interacting with orcas during the well-liked Shamu show at SeaWorld parks in San Diego, Orlando and San Antonio. If the penalty remains intact, SeaWorld may be required to adhere to new safety standards and even eliminate their popular attraction that involves trainers swimming with killer whales. Ever since the SeaWorld employee’s death, SeaWorld establishments have prohibited trainers from entering the tanks with the whales.

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