CDCR’s $4.4 Million Dispute may End in Binding Arbitration

Dec 22

Los Angeles LawyerEmployment Law No Comments

Binding arbitration is used by parties in dispute to sort out their disagreements without having to go to courts and have a judge give a verdict on the case.

Arbitrators are impartial experts who would hear the case of parties in dispute and determine the fairest judgment that can be reached.

Once agreed upon by both parties, however, the arbitrator’s take on the case and the conditions that come with the resolution should and must be followed by all those involved.

In recent news involving the state, a Sacramento judge will soon decide whether the case brought by California Department of Corrections and Rehabilitation against prison officer’s union should be resolved by an arbitrator.

Judge Kevin Cohane took into consideration California Correctional Officers Peace Association’s claim that their disagreement with the state is contractual and so it should be heard by an arbitrator and not a judge.

The complaint is about paid leaves of union members while they are on leave to attend to matters concerning the union.

According to CDCR, the union owes the state around $4.4 million as a reimbursement for the pays and benefits they received while on leave. The amount is said to have accumulated over a five-year-period as the union only paid less than 5 percent of the outstanding charges.

In addition, CDCR also claims that the union doesn’t have a contract and so that they’ve violated the terms of the oral agreements made to extend the UPL deal agreed upon by both parties.

6-Year Old Girl in Serious Condition After Single Vehicle Crash

Dec 21

Los Angeles LawyerCar Accident, motor vehicle accident 3 Comments

A single-vehicle crash in Industry recently left a 6-year old girl in extremely critical condition as well as her mother and 5-month old sister injured.

According to the authorities, the car crash happened at around 4 AM on Sunday on Hacienda Boulevard north of Stafford Street. The driver, identified as 32-year old James De La Cruz was driving the girl, her mother, and her infant sister when  the car drifted into the center divider before crashing into a tree.

Sgt. Ernie Barbosa claimed that there were no signs of intoxication, the weather also did not appear to be a factor in the crash and the cause of the incident is still unclear.

Injuries from motor vehicle accidents are the leading cause of death for children in the US – according to the Centers for Disease Control and Prevention (CDC), on the average, 4 children are killed and 504 more suffer injuries in vehicle crashes.

Many of these injuries and fatalities could have been easily been prevented had children been placed in age and size appropriate car and/or booster seats. Statistics show that as many as 425 lives are saved by the proper use of car and booster seats. The risk of death in passenger car accidents can be reduced by as much as 71 percent among infants and 54 percent for toddlers aged 1-4 years old through child safety seats.

The government recognizes the value of child safety seats — all 50 states and the District of Columbia have mandatory child restraint laws. When travelling in a motor vehicle, children are required to be placed in approved child restraint devices while older children must use adult safety belts.

Under the law in California, all children 5 years old and younger or who weigh less than 60 pounds must sit in the back seat and placed in an age-appropriate child safety seat. A maximum fine of $100 shall be imposed on the 1st offense for failure to do such. Parents or adult guardians may face more serious charges if a child is injured or killed due to their failure to put proper child safety restraints.

Melrose Star Actress Indicted in Fatal DUI Crash

Dec 20

Los Angeles LawyerCar Accident, DUI, Personal Injury, Vehicle Accident No Comments

Actress Amy Locane, who had a role in the TV Hit Melrose Place and co-starred with Johnny Depp in the movie Cry-Baby at the height of her career, is sinking fast since an alcohol-related fatal crash in New Jersey last June 2010.

Locane, a 38-year old mother of 2 girls was indicted by a grand jury on charges of aggravated manslaughter and assault by automobile after a collision that left a the driver of another car seriously injured and a passenger dead. Also, even before the fatal crash, she has allegedly rear-ended a car miles away from the accident.

She was arrested for DUI and according to the police, her speech was slurred and her eyes were glassy. She admitted to the officers that she had several glasses of wine before she drove her 2007 Chevy Tahoe. Locane crashed her SUV into a 2010 Mercury Milan as it was turning into a driveway, killing Helene Seeman and critically injuring her husband, Fred Seeman.

Her lawyer however, feels that the charges against Locane are misplaced and believes that she will be acquitted. He claims that Locane was being chased at high speeds by a woman which led to the fatal accident.

Although the former soap actress is free after a $50,000 bail posted by her husband, if convicted of the charges against her, she may be sentenced up to a maximum of 30 years in prison.

Alcohol-impaired driving is one of the leading causes of motor vehicle accidents. Whether drunk on wine or beer or hard liquor, drivers with a high level of blood alcohol content (at or above 0.15 percent) have a very high risk of being involved in a police-reported crash or dying in a crash.

Alcohol is basically an anti-depressant so it slows down the function of the central nervous system which can diminish a person’s perceptions, and affect his emotions, movement, vision, and hearing. The probability of a fatal crash increases significantly after 0.05 percent BAC and climbs more rapidly after 0.08 percent.

Because of the dangers of alcohol-impaired driving, all 50 US states as well as the district of Columbia have imposed Driving under the Influence (DUI) laws that make it a crime to drive with a blood alcohol concentration (BAC) of .08 percent. Violation of these laws not only give rise to a DUI charges – in the event that a drunk driver causes an accident which resulted to injury or death, corresponding criminal and civil lawsuits may also be filed by the victims.

5 College Students Injured in Drowsy Driving Car Crash

Dec 14

Los Angeles LawyerCar Accident car accident, car crash, drowsy driving accident 3 Comments

What happens when you put a drowsy driver in a car full of college students?

In Vallejo, 5 college students were injured in an early morning car crash when their driver ran off an off-ramp and rolled over several times.

According to the California Highway Patrol, the driver, Bruce Paki, 22, fell asleep as they exited onto the off-ramp at around 4:10 AM. The 2009 Toyota Corolla then hit a dirt embankment, causing it to overturn.

Two female passengers, who were unbelted, got thrown out of the vehicle. Two 22-year-old women were ejected through the rear window, Tselal Seeye, of Ethiopia, and graduate Michelle Kim, of San Bernardino County suffered suffered moderate to major injuries. The right rear tire of the vehicle pinned Seeye. They were taken to the John Muir Medical Center.

The authorities are investigating if speed and alcohol were also factors in the crash, aside from drowsy driving.

If driving with peers isn’t dangerously distracting enough, operating a motor vehicle while fatigued or drowsy can impair critical elements for safe driving practices such as slow down driver’s reaction times and cause vision impairment, lapses in judgment and delays in processing information.

According to the National Highway Traffic Safety Administration (NHTSA), around 100,000 police-reported crashes are the direct result of driver fatigue each year. Annually, drowsy driving has accounted for 1,550 deaths, 71,000 injuries, and $12.5 billion in monetary losses.

A drowsy driver can be sued for damages – in fact, there have been many cases where a driver who fell asleep at the wheel got jailed and had to pay victims damages for the injuries they sustained in a drowsy driving accident.

So if you’re going for a road trip with friends or have to drive despite being tired, better think twice. The National Sleep Foundation claims that it’s possible for drivers to fall into a 3-4 second microsleep without realizing it especially if they’re sleep-deprived or exhausted. Take a break, a nap, or have another drive for you – these simple decisions will go a long way in ensuring road safety and avoiding legal liability in a car accident.

Drunk Female Driver Faces 18 Years in Prison for Fatal Crash

Dec 14

Los Angeles LawyerVehicle Accident, motor vehicle accident DUI, facial injuries, head on collision, motor vehicle crashes 1 Comment

According to the Insurance Institute for Highway Safety, alcohol-related motor vehicle crashes usually involved male drivers but lately, the number of female drunk drivers have been on the rise.

In fact, in Orange County a fatal head-on collision which killed two sisters led to the conviction of a young female driver. Jessica Lynn Shekell, 22, of Anaheim reportedly had a blood alcohol content level (BAC) of 0.26 percent, which is more than 3 times the state’s legal limit of .08 percent.

Two California Highway Patrol (CHP) officers testified that Shekell was driving in the wrong direction on the freeway when the crash occurred on Highway 91 near Gypsum Canyon Road. Before they could apprehend her, she had crashed her Toyota pick-up into the vehicle of the Miguel sisters, Sally, 49, and Patricia, 30.

The sisters, who had their 15 and 11-year old nieces with them were on their way home from Knott’s Berry Farm when the accident occurred last October 25, 2009. Prosecutors claimed that Shekell had been to 2 bars in Placentia with friends and had consumed several alcoholic drinks.

The head-on collision killed Sally Miguel immediately and Patricia, who was riding in the front passenger seat died at the hospital. The girls suffered internal injuries. Shekell was also injured and had arm fractures and facial injuries.

Last October 28, she pled guilty to 2 counts of felony vehicular manslaughter with gross negligence while intoxicated as well as 1 count of driving under the influence of alcohol causing bodily injury. Shekell is likely to face the maximum sentence of 19 years and 8 months in prison.

Getting drunk, whether on drugs or alcohol, increases the risk of motor-vehicle traffic crashes, violence, and other injuries. This is the reason why there are legal limits prescribed by states because the more intoxicated a person is, especially when he is driving, the greater threat he poses to other motorists.

Women have traditionally, been less likely to be drinking and driving. But the changing culture and society has given women more freedom to do what they want, even if the choices they make are not necessarily wise (such as DUI). Women are even more prone to getting intoxicated faster than men because of their weight or body fat.

While women have the right to go out, get a job, or have fun with friends like any other men, these rights also come with the responsibility to be a prudent and careful driver and avoid harm to other motorists.

Teen Killed in Rollover Crash in Pacoima

Dec 10

Los Angeles LawyerUncategorized No Comments

There’s a saying that goes, “Live fast, die young” and speed-related car accidents are the best example of it.

A young man in Southern California was killed in a fatal rollover crash when his vehicle veered off the freeway.

According to the California Highway Patrol, the deceased, 19-year old David Alejandro Garcia of North Hills was driving at a high rate of speed when he made a westbound turn to 118 Freeway.

Allegedly, Garcia drove his 2008 Toyota Scion off the east side of the road and it rolled over several times while falling down the embankment.

Garcia was killed immediately because he was not wearing a seatbelt and got ejected from the vehicle.

There are many factors to consider in what may have caused this fatal accident – from speeding, to teen driving, and to even the victim’s failure to wear a seatbelt, these are all known causes of motor vehicle crashes and deaths.

While speeding appears to be the primary culprit for the crash, the root cause of it can be traced to the teen driver. Motor vehicle crashes are the leading cause of death among 13-19 year-old males and females in the United States. Teenage drivers particularly especially male teens, are a recognized road hazard. According to the Insurance Institute for Highway Safety, 2 out of every 3 teenagers killed in motor vehicle crashes in 2009 were males.

Immaturity and lack of experience aside, young male drivers, are also more likely to be guilty of driving too aggressively, speeding, failing to follow traffic rules and signals and even drunk driving.

Aside from reckless and negligent operation of vehicles, teens are actually less likely to wear seatbelts. In 2009, belt use for fatally injured passenger vehicle drivers aged 16-19 years old are only at 41 percent. It’s worse among fatally injured 16-19 year-old passengers who buckle up at a mere rate of 29 percent.

Taking all of these into account, it’s not really a surprise why more teens die in car crashes than any other age group. If you’re a parent, you can educate and inculcate values of safe driving in your teens to help keep them safe on the road. But if your child gets into an accident, you may be held liable for civil damages so you should seek the services of a car accident attorney.

Man Killed in Golf Course Accident Because of Head Injury

Dec 02

Los Angeles LawyerUncategorized No Comments

Who knew that a sport slow-paced as golf can be dangerous?

In Sanford, Florida, a country club employee was killed after he was struck in the head by a wayward golf ball.

According to the police, the accident happened Wednesday afternoon at the Mayfair Country Club. It was reported that it was a golfer who teed off at the second hole who launched the golf ball that hit and killed 42-year old Maurice Hayden.

The golfer, Brian Donahue was around 100 feet away from Hayden, who has worked at the club as maintenance for 3 years. Hayden was allegedly weeding at the base of a tree when the golf ball struck in his temple. Hayden died the following afternoon of the accident.

According to the Bureau of Labor Statistics (BLS), for a tame sport with little physical contact, golf-course-related fatalities have been increasing over the years. While fatalities include guests or even pedestrians/bystanders, most golf course death and injuries involve workers. The majority of the fatalities of all the workers were involved in landscaping work such as the above-mentioned deceased Hayden. From 2001 to 2006, some 106 workers died at or while working on a golf course. The following are some of the most common causes of golf-course-related fatalities and injuries:

•    Overturned vehicles (golf carts)
•    Vehicle related incidents (flipping into a body of water)
•    Fall accidents
•    Trench collapse
•    Homicide
•    Struck by an object

Surprisingly, a number of golf-course deaths were from airplane accidents and suicide. Compared to occupations such as logging and fishing with higher fatalities rates, golf course accidents and deaths are relatively small but it shouldn’t be underestimated, least of all in California, the state which has the highest number of golf-course-related fatalities.

While freak accidents do happen – after all, it is hard to absolutely control where golf balls land, golf course related fatalities and injuries can be prevented. Golf club management should aside from ensuring the safe and good condition of its equipment and area, should also take into considering the location of its employees, whether they may get injured especially if out near the driving range.

Otherwise, if the management or the owner of the golf course is negligent, they can be held liable in a personal injury lawsuit by victims or have to compensate their employees.