Personal Injury Litigation Blog

A bus accident outside of Phoenix, Arizona has claimed the lives of six (6) individuals, while injuring the remaining sixteen (16) occupants, according to an Associated Press article. The crash occurred approximately 25 miles south of downtown Phoenix on the Gila River Indian Reservation near the community of Sacaton at 5:30am on the morning of March 5th 2010.

Authorities stated that six people were ejected from the bus after it hit a pickup truck and rolled over, causing the roof of the bus to be crushed and all of the windows to be knocked out. Arizona Department of Public Safety spokesman Bart Graves said two men and four women were killed in the Phoenix bus crash. The bus, traveling from the central Mexican state of Zacatecas to Los Angeles was operated by Tierra Santa Inc., a Van Nuys, California bus company.

In addition to the 6 deceased passengers, 9 individuals were listed in critical condition at Phoenix-area hospitals. The driver of the bus was listed in critical condition and the disposition of the remaining passengers was not immediately known.

While details of the accident have yet to be confirmed, authorities have stated that the bus hit a pickup traveling westbound on Highway 10 in the pre-dawn hours of March 5th, veered onto the left shoulder of the road, then overcorrected in the opposite direction and rolled once before landing on its wheels.

The bus accident attorneys at Panish Shea & Boyle LLP have long maintained that buses, especially tour and long distance commuter buses, which travel on our highways, are ill-equipped to protect their passengers. Despite vast knowledge in the bus industry that bus accidents like the one that happened in Phoenix occur, these buses do not have seatbelts. The U.S. National Highway Safety Bureau made seat belts mandatory equipment in passenger vehicles in the United States in 1968.Additionally, bus roof structures are not designed in such a way to protect the occupant survival space in foreseeable rollover accidents.

Details regarding this horrible Phoenix bus accident are still being uncovered and the bus accident attorneys at Panish Shea & Boyle LLP will continue to monitor new information regarding the crash as it becomes available.

A recent CBS News article reports that the United States Transportation Department has released updated consumer complaints connecting 52 deaths to Toyota sudden acceleration dating back to incidents from the year 2000. The government had previously announced receiving allegations of 34 deaths due to unintended acceleration in Toyota vehicles in incidents that had occurred over the last ten years. The updated figure on fatalities caused by Toyota acceleration issues was announced during a Senate hearing on March 2, 2010 regarding the immense 8.5 million Toyota models recalled.

As more and more people realize that sudden acceleration may be to blame for past Toyota auto accidents, we can expect the number of serious injuries and deaths to continue to rise. Meanwhile, in the latest development in this tragic soap opera, three Toyota executives and Transportation Secretary Ray LaHood are scheduled to address a Senate panel, in what will be the third congressional hearing within a week’s time regarding the monumental recall.

As consumers, we expect the vehicles we purchase to be safe and free of defect that may potentially inflict harm. However, as the recent Toyota recalls demonstrate, auto manufacturers may rush the design and production of their vehicles, putting profits before the safety of those purchasing their products. As the death and injury toll continues to rise as more accident victims and family members reflect on the Toyota accidents that have seriously affected their lives, it is uncertain how many more catastrophic auto accidents involving recalled Toyota models are likely to be connected to acceleration problems.

The Toyota accelerator defect injury lawyers at Panish Shea & Boyle LLP will continue to monitor the latest in Toyota recall news as well as the outcome of government panels and investigation of consumer complaints. Our experienced auto product liability attorneys are currently handling cases for those injured in accidents involving recalled Toyota vehicles and are prepared to assist you if you or someone close to you suspects that a gas pedal defect caused an injury or fatal collision. For more information regarding your potential case and how Panish Shea & Boyle LLP may be able to help you receive the compensation you deserve for your injuries or losses, please call 877-800-1700 or visit www.psandb.com to schedule a free consultation and evaluation.

Source:http://www.cbsnews.com/stories/2010/03/02/business/main6258603.shtml

FOR IMMEDIATE RELEASE

(Press Release) - Los Angeles, California, February 22, 2010

Orange County Superior Court Judge Peter J. Polos, 45, will join prominent plaintiff’s firm Panish Shea & Boyle LLP in an “Of Counsel” role following his retirement from the bench on February 19, 2010, the firm said Monday. “The firm is thrilled that Judge Polos will be joining us,” Brian Panish said in a statement. “The Judge’s background as a very successful plaintiff’s lawyer and his years of experience handling complex cases on the bench will make him a tremendous asset to the firm. We could not be happier. Plus, despite all of his experience he still has a long career ahead of him,” Panish said. Panish added, “Judge Polos brings a unique perspective to our firm. He knows the personal injury landscape as an experienced trial lawyer and understands how judges and juries want to see cases presented. He will help maximize the effectiveness of our firm’s trial litigation approach and ensure that the unique strengths of every lawyer in our office are used optimally to benefit our clients.”

Judge Polos will be the firm’s Director of Litigation and will assist in overseeing the firm’s entire litigation practice including mass tort cases, personal injury cases, business litigation and product liability cases. Prior to being appointed to the bench, Polos was a member of the Plaintiff’s Executive Committee of the Coordinated Fen/Phen Litigation; he was on the Executive Committee for the Coordinated Ford/Firestone Litigation; and was the Co-Lead Counsel for Southern California for the Coordinated Sulzer Hip Litigation. As Panish Shea & Boyle’s Director of Litigation, Polos will evaluate the viability of new cases and captain the firm’s pre-litigation investigation and forensic evaluative efforts. When in litigation, Polos will assist with assigning attorneys to various aspects of cases as dictated by their areas of strength and concentration. He will also work with experts to develop understandable courtroom graphics and teaching tools, and will direct and coordinate pre-trial focus group inquiries.

Judge Polos said that although he has greatly enjoyed his service on the bench over the last eight years the opportunity to work with one of the best plaintiff’s firms in the country was something he could not pass up. He cited the firm’s excellent reputation and his longtime respect for what the firm has done to represent consumers.

Polos was appointed to the Superior Court on December 24, 2000 by Governor Gray Davis and was sworn in on February 8, 2001. He spent most of his time on the bench on the court’s General Civil panel handling complex civil cases. He also handled felony and misdemeanor criminal trials.

He began his legal career working as an associate with the late David M. Harney who was nationally recognized as one of the country’s best personal injury trial attorneys and was a founding member of the American Board of Trial Advocates (ABOTA) founded in Los Angeles in 1958. Polos himself is a longtime member of ABOTA. At the Harney office, Polos tried medical malpractice, personal injury and product liability cases.

After eight years at the Harney firm, Polos served as a partner with the Orange County firm of Lopez, Hodes, Restaino, Milman, Skikos & Polos in Newport Beach until he was appointed to the bench in December 2001. During this time he also consulted with nationally recognized plaintiff’s firm Robinson, Calcagnie & Robinson on complex mass tort cases.

Judge Polos received his undergraduate degree from UCLA and is a graduate of Loyola Law School in Los Angeles. He and his wife Kristie have two children, Jonathan and Mary.

Contact:

Brian Panish or Jessie Kohler
Panish Shea & Boyle LLP
310-477-1700
panish@psandb.com
kohler@psblaw.com
http://www.psandb.com/

According to a Los Angeles Times article, a new federal safety regulation announcement reveals that at least 34 people have been killed within the last decade in Toyota auto accidents involving vehicles that allegedly accelerated out of control. Since the initial reports of 13 fatalities connected to the gas pedal issue were made public and the Toyota recall list was announced, the number of official motorist complaints’ filed has dramatically increased. These additional complaints of unintended acceleration have been pouring in to federal regulators and it is uncertain how many more incidents will be reported when all is said and done.

The new fatality report from the National Highway Traffic Safety Administration (NHTSA) includes 13 deaths reported since January 27, 2010, which was the day after Toyota put a hold on the sale and production of eight of its auto models in the United States. This was done in order to fix gas pedals that the automaker said can stick and cause unintended acceleration. Most of the reported incidents of fatal acceleration took place between 2003 and 2009, according to an analysis of the data by The Times. In addition, The Times found that all but one of the fatalities reported to NHTSA by motorists in 2010 actually took place in previous years. Some incidents even go back as far as 1992.

The complaints filed with NHTSA display accounts of Toyota and Lexus vehicles suddenly accelerating forward, colliding with other vehicles, buildings and pedestrians. Federal regulators reported that 22 people have been injured from Toyota unintended acceleration accidents, with injuries ranging from bruises and lacerations to a woman who was left in a coma due to a crash. A spokeswoman for the NHTSA stated, “It is normal for NHTSA to receive an increase in consumer complaints after a recall is announced…The agency is quickly gathering more data on all of these additional complaints to help guide our examination of sudden acceleration…as well as other safety issues.”

Toyota has resumed sale and production of the eight models that were previously put on hold to fix the gas pedal issue. Dealers are in the process of installing shims on gas pedals to fix what is being called a defect that could make the accelerator pedal stick.

The experienced Toyota gas pedal recall attorneys at the reputed personal injury law firm of Panish Shea & Boyle LLP are currently representing severely injured people in unintended acceleration accidents involving Toyota and Lexus vehicles. If you or someone you care about has been injured in a car accident with one of the recalled Toyota autos, our skilled auto product liability lawyers can help. Call Panish Shea & Boyle LLP today at 800-591-8116 to schedule a free case evaluation.

Source:http://www.latimes.com/business/la-fi-toyota-deaths16-2010feb16,0,481821.story?track=rss&utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+latimes%2Fmostviewed+%28L.A.+Times+-+Most+Viewed+Stories%29

On Saturday, February 13, 2010, four people were killed in a multi-vehicle pile-up after a passenger car was sandwiched between two large tractor-trailers in Ontario, California. According to a Los Angeles Times report, the smaller passenger vehicle erupted in fire, and the four individuals inside, including two children, died at the scene. Three other individuals were injured, and the cause of the crash is still being investigated by the California Highway Patrol. The car accident took place on Interstate 15 in the Ontario area.

All traffic accidents are different; however, the repercussions stemming from collisions can often be similarly catastrophic for individuals involved and their families. Whether an auto accident involving a tractor trailer is caused by a defective auto part or a reckless truck driver’s failure to follow traffic laws, injured individuals or the family members of wrongful death victims may be able to seek compensation from negligent parties.

In May of 2008, the personal injury law firm of Panish, Shea & Boyle LLP helped a teenage boy receive compensatory damages of $15 million after a Southern California Gas Company-owned truck errantly ran a red light, striking the teenager’s family’s car. In this trial case, Tilton v. Southern California Gas & Electric, the young man received $10 million in past and future pain and suffering, $3.57 million in future medical expenses and $1 million in future loss of earnings in the jury verdict. Panish, Shea & Boyle LLP also obtained a record $21 million trial and jury verdict in October of 2009 in Michael Nelsen v. Hillyard, Inc., et al. for an Iraq War veteran hurt in a car accident caused by a negligent van driver employed by Hillyard, Inc. Mr. Nelsen sustained catastrophic injuries that rendered him incapable of caring for himself, and relegated him to 24-hour care for the remainder of his life.

If you have been injured or have lost a family member in a Southern California tractor trailer accident, the skilled truck accident injury attorneys at Panish, Shea & Boyle LLP can help. In their many achievements as a personal injury law firm, Panish, Shea & Boyle LLP have successfully represented clients in personal injury and wrongful death cases involving defective auto parts and negligent truckers. For more information about the unmatched success record of Panish, Shea & Boyle LLP, visit their website at www.psandb.com or call 800-591-8116 for a case evaluation of your auto accident.

Source:http://latimesblogs.latimes.com/lanow/2010/02/four-dead-in-pileup-on-interstate-15-in-ontario-.html

After an ABC News’ report that discussed incidents of Toyota vehicles random acceleration, some of which involved wrongful deaths, the automaker has stopped sales of eight of its most popular models. Dealerships across the United States have been told to suspend sales of the following models:

• RAV4, Corolla, Matrix (2009-2010 Models)
• Avalon (2005-2010 Models)
• Highlander (2010 Model)
• Tundra (2007-2010 Models)
• Sequoia (2008-2010 Models)
• Camry (certain 2007-2010 Models)

The announcement of vehicle sales being stopped comes after ABC News told Toyota that they were about to broadcast the latest in a long series of investigative reports on the acceleration issue and resulting injuries and fatalities. Toyota recently announced a new recall on January 21, 2010 due to gas pedals sticking and being unrelated to floor mats in which some vehicles overlapped from the 2009 recall.

While Toyota investigates the problem with gas pedals becoming stuck, even without a floor mat being present, production has been halted at five different factories. According to an abcnews.go.com article, federal safety investigators have joined in the examination of the gas pedal mechanism to help find a solution to the unexplained and sudden accelerations taking place. Since last fall, when Toyota claimed to have fixed the acceleration problem with a recall of 4.2 million vehicles with supposedly defective floor mats, over 60 new cases of runaway cars have been reported. Although Toyota denied reports of possible electronic problems or on-board computer issues, the proposed redesign of the accelerator pedal did not stop the occurrence of runaway vehicles.

If you have been injured or if someone close to you has been wrongfully killed due to a runaway vehicle or acceleration problem, the skilled Toyota accelerator defect injury attorneys at Panish, Shea & Boyle, LLP can help. The auto product liability lawyers at Panish, Shea & Boyle, LLP have years of experience in personal injury and wrongful death litigation. Contact them today to learn more about your legal rights and options regarding defective auto parts. Call 1-800-591-8116 today to schedule a case evaluation.

Source: http://abcnews.go.com/Blotter/RunawayToyotas/toyota-recall-suspends-sales-models-accelerator-pedals-sticking/story?id=9669621

Separate from the continuing recall of 4.2 million Toyota and Lexus vehicles, Toyota announced a new recall on January 21, 2010 of 2.3 million vehicles for gas pedals becoming stuck without the presence of floor mats. The issue in the previous recall was attributed to loose floor mats; however, the problem with some of those vehicles may be connected to a flawed design of a computerized engine control system without emergency override. As a result of some vehicles suddenly accelerating out of control with or without a floor mat, several individuals have been killed or seriously injured. Toyota said there is an overlap of 1.7 million vehicles that are on the new and on-going recall list.

According to a money.cnn.com article, the new recall relates to certain accelerator pedal mechanisms mechanically sticking in a moderately depressed position or not returning to the idle position quickly enough. Although Toyota has said that this situation is rare, it may occur in worn accelerator pedal mechanisms or gradually over time.

As Toyota determines a solution to the gas pedal problem, owners have been told that they can keep driving their vehicles. In the event of the gas pedal sticking, drivers should apply force firmly and steadily upon the brakes instead of pumping the brakes. Vehicle owners with any questions can call the Toyota customer service line at 800-331-4331. The vehicles affected by the new recall include: 2009-2010 Toyota Rav4, Corolla, Matrix, 2005-2010 Avalon, 2007-2010 Camry, 2010 Highlander, 2007-2010 Tundra and 2008-2010 Sequoia. The Camry Hybrid is not included in the new recall.

Anyone who has been injured or lost a loved one in a car collision caused by a fixed accelerator while driving one of the Toyota models mentioned above should contact the Los Angeles Toyota gas pedal recall lawyers at Panish, Shea & Boyle LLP. Their California auto product liability attorneys may be able to help you recover financial damages for your losses. Contact the California personal injury law firm of Panish, Shea & Boyle LLP today for a consultation.

Source:http://money.cnn.com/2010/01/21/autos/toyota_recall/

After several reports of Toyota vehicles undergoing unintended acceleration, and a resulting  recall of practically four million autos, Toyota has announced that it will install brake override systems by the end of 2010 in all new Toyota, Lexus and Scion vehicles. According to a U.S. News & World Report article, starting this month in January, the Toyota Camry and Lexus ES350 will be the first models to receive the new brake override system.

AutoWeek reported that the new brake override software system will operate by shifting the engine to idle if it detects the driver is trying to apply the brakes without success. The new system will only work for new vehicles. This leaves existing vehicles affected by the Toyota accelerator recall to only have the option of replacing their floor mats and accelerator pedal with a reshaped one.

Although Toyota claims that these incidents were caused by defective floor mats becoming stuck under accelerator pedals, the National Highway Traffic Safety Administration has determined that the floor mats were not necessarily the only problem. Auto manufacturers have the responsibility of not only accurately designing vehicles, but also ensuring that automobiles are properly manufactured and placed on the market without any defective components that may inflict harm upon motorists or passengers.

At Panish, Shea, & Boyle, our experienced automotive defects attorneys understand the serious repercussions of defective auto parts and vehicle recalls. Although many auto recalls help protect consumers, a substantial amount of them occur only after innocent people have been hurt or killed because of the recalled product. If you or a loved one has been affected by these dangerous acceleration pedals or any other auto part defect, please call Panish, Shea & Boyle to find out how we can help. Call 800-591-8116 for a free consultation or visit our website www.psandb.com to learn about our many successful automotive defect settlements and verdicts.

The only two people aboard a Royal Air cargo jet, tail number N720RA, have been killed in a Des Plaines plane crash on January 5, 2010. According to a Chicago Breaking News Center article, the tragic collision took place south of the Chicago Executive Airport in northwest suburban Wheeling. The bodies of the pilot and co-pilot of the Learjet were thought to be found amongst the debris, but they have yet to be identified. The plane is believed to have been empty and on its way to pick up cargo.

Apparently, the plane was cleared to land along runway 34 and was making a normal approach when it went down. The aircraft had departed from the Detroit area. The director of central services for Oakland County, Michigan stated that according to Royal Air, both men aboard the plane were experienced pilots. He said, “I understand they were both commercially rated, which means they were professional pilots, rated in that type of airplane and qualified to take that kind of flight.”

Although the cause of this fatal plane crash was not mentioned at the time the article was published, the senior safety investigator for the National Transportation Safety Board stated, “We will look at the systems, the structure, the engine.” The model 35A plane was manufactured by Gates Learjet Corp. and is a fixed-wing, two-engine craft with seating for 8 passengers and 2 crew members. It is also widely used by cargo companies after the passenger seats are removed. Considered to be one of the safest planes in the sky, a detailed investigation will establish whether a plane component failed, or if pilot error or poor maintenance contributed to the accident.

Family members of aviation wrongful death victims may be able to seek compensation for damages associated with the loss of a loved one. At Panish, Shea & Boyle, our aviation disaster attorneys have a successful track record of holding negligent parties legally responsible for causing wrongful death and catastrophic injury. To learn more about Panish, Shea, & Boyle’s many accomplishments in aviation and wrongful death litigation, please visit www.aviation-disaster-lawyers.com or call 1-800-591-8116 for a free consultation of your plane accident case.

Source:http://www.chicagobreakingnews.com/2010/01/plane-reported-down-in-forest-preserve-near-wheeling-airport.html

The LA Times has reported that three biologists from the California Department of Fish and Game have been killed in a helicopter crash in the Sierra National Forest. The crash which occurred on January 5, 2010 also appears to have claimed the life of the pilot. The biologists were conducting deer surveys in a wooded, remote area near Fresno and the Madera county line.

Authorities stated that the crash took place south of Redinger Lake, California and the explosion following the crash has resulted in a fire. A Madera County Sheriff’s spokeswoman said that the site of the fire is inaccessible, but moisture and light winds have prevented it from spreading rapidly.

At the time of the article’s release, information regarding what specifically caused the helicopter to crash was not provided. Our hearts go out to the families of these biologists and the helicopter pilot.

Helicopter crashes can be devastating and present life-altering consequences for injured victims and their families. Due to the nature of helicopters, many collision victims are either catastrophically injured or killed. A helicopter crash, like the one in the Sierra National Forest, can happen for a variety of reasons, some which can be attributed to negligence. The National Transportation Safety Board may determine that poor helicopter maintenance, human error, or flying with an unsafe load contributed to this helicopter accident in California. If this is the case, then qualifying family members of the deceased victims may be able to file a wrongful death claim. Other factors investigators may consider is whether the helicopter’s gearboxes, engines, or main rotor heads failed and why.

The trial attorneys at the law firm of Panish, Shea & Boyle have extensive experience holding potentially liable parties accountable in helicopter and aviation accidents. Our track record of success in wrongful death and aviation accident cases is unmatched and our helicopter crash attorneys have the knowledge and experience to help helicopter injury victims and their families throughout the state of California and beyond. We understand the many tragic affects a helicopter crash may impose upon a family, which is why we are dedicated to helping our clients receive full and just compensation for their loss and financial difficulties. To learn more about Panish, Shea & Boyle’s many achievements in aviation law, please visit www.aviation-disaster-lawyers.com or call 1-800-591-8116 for a free consultation of your case.

Source:http://www.latimes.com/news/local/la-me-sierra-crash6-2010jan06,0,1206170.story