San Diego Personal Injury Attorney Blog

Judge Finds State Trooper At Fault in Pedestrian Accident

Posted on June 7, 2013 by bonnicilawgroup

A judge in Syracuse, New York recently determined that a motorist was at fault for a 2009 pedestrian accident, according to The Post-Standard. What makes this case stand out is the driver was a New York State Trooper who happened to be speeding at the time of the collision. Trooper Thomas Gallery ran over pedestrian Lawrence Perkins in November 2009 as Perkins was crossing the road. Gallery was speeding on his way to a court appearance—he was not responding to an emergency. The initial police investigation determined Perkins to be at fault because he was not crossing the street within a cross walk. State Court of Claims Judge Nicholas Midey did not see it that way. Judge Midey was particularly critical of the investigation conducted by New York State Trooper Brett Yorgey. “A pedestrian has an opportunity to decide not to continue [crossing],” Yorgey testified, defending his investigation’s finding. “And…
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Can DUI Victims Sue a Bar or Restaurant for Serving Impaired Patrons?

Posted on June 3, 2013 by bonnicilawgroup

Car accident victim Courtney Griffin’s father filed the wrongful death suit against both driver Gabrielled Nestande, 23, and the Clive Bar in downtown Austin. The suit claims that servers at the bar continued to serve Nestande after she was “visually impaired.” Nestande struck Griffin and continued driving. She told officers she looked down at her phone before the collision and was unaware of what she struck. Nestande was convicted of criminally negligent homicide—a jury determined that prosecution failed to prove she was impaired at the time of the accident. The lawsuit seeks unspecified damages. Dram shop law is the legal term for this lawsuit—the law can hold establishments responsible in situations like this one. The bar is legally required to stop serving patrons who are visually impaired and take reasonable steps to ensure they are not driving a vehicle. These cases are obviously very complex and there are almost an…
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California Tops for Dog Bite Injury Claims

Posted on May 31, 2013 by bonnicilawgroup

State Farm Insurance released a study in May about dog bites across the country. It appears that dog bites overall are declining across the board—except for mail carriers, who are being bitten by viscous dogs more frequently. State Farm received 3,670 dog bite claims in 2012. The average cost of each claim was $29,522. California appears to have lead the nation in dog bite injuries in 2012, with 451 claims to State Farm that cost a total of $17.1 million. According to the American Academy of Pediatrics, over half of all dog bite victims are children. Approximately 400,000 children are treated for dog bite injuries in the United States annually. According to the American Society for Reconstructive Microsurgery, there were 27,752 operations to reconstruct tissue to dog bite victims in 2012. These incidents often require plastic surgery and major operations. Dog bite injuries can be costly. Dog owners in California…
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