Tag Archives: wrongful death

WOMAN KILLED; GIRL, 8, IN COMA (Sam Spital)

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Commentary by San Diego Homicide and Criminal Defense Lawyer Sam Spital:

“UT San Diego News reported on December 19, 2012 a 28 year old suspect and acquaintance was arrested in the murder of a 41 year old woman in her Vista apartment, a community in the north part of San Diego County. Also, her 8 year old child who was in the apartment at the same time was seriously wounded, taken to the hospital in critical condition.

The article did not establish any basis or motive for the attack, information regarding the perpetrator such as criminal history, nature and extent of his relationship with the victims, explanation, possible mitigation and/or remorse. These are not only elements that assist one in reading a balanced account, but without such details it is more challenging to comprehend the underlying cause(s) that led to the crime. A criminal defense attorney would likely employ an experienced private investigator to obtain this extremely important information and perhaps retain a forensic expert to assist in the strategy and analysis of legal counsel.”

– Sam Spital

Woman dies after Alpine crash into tree (Sam Spital)

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COMMENTARY BY SAN DIEGO PERSONAL INJURY ATTORNEY SAM SPITAL:

“On December 16, 2012, the UT San Diego online edition printed an article regarding a 53 year old woman who died as a result of her crash into the flatbed of a semi-truck as she changed lanes on Highway 8, and then ran off the road and crashed into a tree.

The family and/or one of the heirs may seek advice from a personal injury lawyer to evaluate whether to bring a wrongful death case. Even though one is primarily responsible for operating his/her vehicle in the proper way to avoid accidents, the potential defendants and theories of liability in such a lawsuit would be for any dangerous condition as a result of the design and maintenance of roads and highways by the city, county and state government respectively. In addition, the overall safety, as well as design and manufacturing defects of the vehicle the woman was driving can be the principal or actual cause or a contributing cause of her death. As reported by the Centers of Disease Control and Preventing, accidents sadly remain the fifth leading cause of deaths in the United States, coming after heart disease (#1), cancer (#2), chronic lower respiratory diseases (#3) and strokes (#4). See https://www.cdc.gov/nchs/fastats/lcod.htm and the CDC website in general for a wealth of information related to public health issues and problems.”

–Sam Spital

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

 

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

 

Ratings and Reviews

BBB 10.0Samuel Eugene Spital
Samuel E. SpitalClients’ ChoiceAward 2021 Samuel Eugene SpitalClients’ ChoiceAward 2020
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