Articles Posted in Case Analysis

Eight people were killed, and at least 12 injured when an off-road truck participating in the California 200 race veered off the track and plowed into a crowd of spectators. The race was being held in Soggy Dry Lake Bed near Lucerne Valley in the Mojave Desert. “There was dust everywhere, people screaming, people running,”…

Good news California. The U.S. Supreme Court may have just inadvertently helped us put an end to the maddening referendum process that pollutes every election cycle in our state. Yesterday, in the case of Doe, et al. v. Reed, Washington Secretary of State, the Supreme Court voted 8-1 that individuals who sign petitions to put…

The San Diego Union Tribune is out with a story today about the risks elderly drivers pose behind the wheel, and the problem of “pedal misapplication.” What is pedal misapplication? An innocuous way of describing what happens when a driver accidentally hits the gas when they think they are applying the brakes. In the article…

Frank Rogozienski felt that something wasn’t right. The judge in his divorce case kept ruling against him, including voiding a prenuptial agreement that cost Mr. Rogozienski $20 million in stock. Making matters worse, the presiding judge on the case refused to disclose any conflicts of interest he might have. Mr. Rogozienski decided to conduct his…

In 2005, several people were injured and killed when a documented gang member stole a tow truck from a commercial vehicle repair shop in Los Angeles County, and, while driving it away, lost control and drove up onto a sidewalk. The injured parties brought a lawsuit against the repair shop alleging that it was negligent…

Anthony Beninati was attending the iconic Burning Man Festival, when he fell into the fire at the annual ritual of actually burning the “Burning Man” was performed. Beninati suffered burns in the incident, hired a lawyer, and sued the Burning Man promoter for personal injury damages, alleging it was negligent in the operation of the…

On December 19th, we wrote an article about a poorly decided California Supreme Court decision, Van Horn v. Watson, S152360, which held that California’s Good Samaritan statute, Health & Safety Code § 1799.102, only provided immunity for persons providing emergency medical care at the scene of an accident or other emergency. The Court held that…

Facts: An Escondido motorcyclist suffered serious injuries during the evening of January 13th, when the Suzuki motorcycle he was riding struck the front hood of a Toyota Camry. According to reports, the Camry backed out of a driveway on West 15th Ave. in Escondido and into the path of the rider, causing him serious injuries,…

FACTS: Last Monday, the passenger of a pick-up truck was ejected from the vehicle when the speeding truck lost control on eastbound Interstate 8 and rolled down an embankment. Rain was likely a factor. The passenger, who was not wearing a seat belt, died in the accident. Walton Law Firm LLP is currently litigating a…

In a narrow 4 to 3 decision, the California Supreme Court has elected to narrow the personal injury immunity provided under the “Good Samaritan” statute, Health & Safety Code § 1799.102. In a poorly decided opinion, Van Horn v. Watson, S152360, a slim majority of the California Supreme Court held that § 1799.102’s immunity provisions…