Tag Archives: personal injury

Scripps Ranch teen dies in motocross crash (Sam Spital)

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 COMMENTARY BY PERSONAL INJURY LAWYER SAM SPITAL:

“On November 27, 2012, the UT posted online an account of a teenage boy whose aspiration was to become a professional motocross racer and during an Olympic race while making a  high speed jump crashed head first. Sadly, the 16 year old boy sustained a catastrophic spinal cord injury after which the parents gave the order to take him off life support when the doctors said there was no hope of any long turn recovery.

This is a heartbreaking end to the life of a young boy who was highly motivated and focused, obviously dedicated to a professional career and honed the necessary skills to succeed. The protective gear he wore, including a special neck brace and a racing helmet, however, did nothing to prevent the devastating injuries. While no money can compensate for the family’s loss, litigation can be meaningful since filing a lawsuit will send a message to equipment manufacturers to be more responsible and, therefore, excel in research and development to provide improved and safer state of the art professional racing gear.”

–Sam Spital

 

More Fatal Car Crashes on Thanksgiving Day: Advice That Could Save Your Life (Sam Spital)

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COMMENTARY BY SAN DIEGO CAR ACCIDENT ATTORNEY SAM SPITAL:

“On November 21, 2012, ABC News online reported the most recent survey conducted by the National Highway Traffic Safety Administration disclosed that Thanksgiving was the most deadliest holiday in 2010 with 431 fatalities in the United States, only to be followed by 403 fatal accidents on Labor Day, 392 on July 4th and 259 on Christmas.

Analysts confirm that the most deadly accidents occur late at night when drivers are able to drive faster, alcohol usage is often higher and impaired drivers have a much slower reaction time. On holidays, drivers are distracted if there are more occupants in the car. Moreover, these factors are often enhanced when there are family members in the vehicle due to the drama that takes place in traveling longer distances during holiday times. There also is a sharp contrast in the numbers of vehicular accidents during the day when the roads are more congested, vehicles travel at lower speeds and, therefore, the collisions are relatively minor compared to both late at night accidents and those in the early morning hours that occur at high speeds on less crowded roads.”

SAN DIEGO CAR ACCIDENT ATTORNEY SAM SPITAL

 

 

Autopsy: Woman died of mauling by dogs (Sam Spital)

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COMMENTARY BY PERSONAL INJURY ATTORNEY SAM SPITAL :

“On November 15, 2012, it was reported in the UT San Diego news that a 30-year old woman who was hired to clean a house in Fallbrook, a community north of San Diego, while the owners were on vacation was mauled to death by 8 bulldog-mixes on the loose in the backyard. The dogs ranged in age from about 4 months old to 3 years old and were impounded by the County Department of Animal Services, whose Deputy Director said the dogs were bred for sale, ‘crossing Olde English Bulldogs with American Bulldogs to make them a little bigger,’ noting the largest dog is about 105 pounds. The police found 24 marijuana plants in one of the bedrooms of the house, and a further investigation is being conducted in that regard.

The family of the deceased woman will no doubt file a Wrongful Death lawsuit against the owners who allowed a pack of animals to be loose, knowing the house cleaner would be working and likely go in the backyard to clean the exterior side of the windows, if nothing else. It was reported there was a running garden hose near her body.
Many have argued that these breeds pose a substantial danger to life due to their genetic traits often labeled as ‘gameness’ or refusal to get off and their ‘hold and shake’ style of biting. Others claim it is the owners and not the breed, and they point to the absence of any signs of aggression. Unfortunately, when serious or deadly attacks occur, no matter how loving and caring the owners might have been and the lack of any previous warnings &/or aggressive behavior, the media, members of society and the courts hold the owners accountable and in some cases in addition to civil liability of potentially a million dollars or more, also for a criminal offense.
In the present case, if the dogs are determined to be ‘dangerous,’ they will be euthanized. In San Diego during the past year, there have been reported an 8 month old baby killed and a senior citizen died from severe mauling. Many others have been reported in the news to have suffered life-threatening injuries, but did not die.”

–PERSONAL INJURY ATTORNEY SAM SPITAL

 

Man struck, killed by deputy’s patrol car ID’d (Sam Spital)

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“On September 20, 2012, the UT News reported a pedestrian was struck and killed by a Deputy Sheriff in pursuit of an alleged drunk driver. It is unclear whether the officer had his front headlights on, but a Sheriff’s spokesman stated the officer did not have his flashing lights on. The Deputy Sheriff had only traveled about 100 yards before striking the pedestrian. The pedestrian’s employer stated she has seen officers leave the parking lot with their headlights off in order that the vehicle they are in pursuit would not notice them, thereby allowing the officer an opportunity to view the driver prior to making a decision to stop the driver. Because it was a dark area of town that the pedestrian was crossing, he obviously did not see the officer’s car nor did the officer see the pedestrian. Why does it take a killing before a City insures the safety of the public by having adequate lighting? Why did the officer not have his patrol car’s flashing lights on and/or use its siren? These are unanswered questions that no doubt will be the subject of a wrongful death claim by the family of the deceased. As a San Diego Criminal Defense lawyer who has defended clients with DUI charges as well as handling thousands of personal injury cases over the past approximate 40 years, this is but another tragedy that clearly could have been prevented and it is not simply hindsight that this is obvious.”

Sam Spital, Criminal Defense Lawyer

 

Special needs teacher arrested for relationship with student?

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Clearly, we must maintain the integrity of our legal system and the principle that “a person is innocent until proven guilty.”

However, it is unspeakable for a teacher to use her position of trust to engage in sexual relations with a student. Even more despicable is for a special education teacher to engage in such misconduct with a student with special needs. These students are particularly vulnerable.

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