Category Archives: Legal Publications

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Man on Tracks Struck and Killed by Metrolink Train

February 20, 2012-According to reports a man standing on the tracks was struck and killed by a Metrolink train.  According to Orange County Police Sgt. Dan Adams a Metrolink train traveling southbound struck and fatally injured a man standing on the tracks at approximately 6:40 a.m. at the intersection of Batavia Street and Collins Avenue in Orange.

Sgt. Adams said the conductor saw the man standing on the tracks north of Collins Avenue and could not stop in time. According to the conductor the man did not attempt to move off of the tracks upon seeing the train, leading Orange County Police officials to believe the man may have committed suicide.  Sgt. Adams said that the 805 Metrolink train on the Empire-Orange County line was the train involved in the fatal accident and was terminated according to Metrolink officials. There were 108 passengers onboard the train at the time of the accident and no injuries were reported.

The man that was struck by the 805 Metrolink southbound train was pronounced dead at the scene of the crash, according to Orange County Police Sgt. Adams. According to Orange County Transportation Authority buses were dispatched to pick up the passengers that were onboard the Metrolink train.

Police Chase of SUV with Kidnapped Woman Ends In Fatal Crash

February 16, 2012 – According to reports a police chase of an SUV containing a woman that was believed to be kidnapped ended in a fatal crash, killing the woman.

According to the Los Angeles Police Department police received reports that a woman was grabbed off of the sidewalk at approximately 8:00 a.m. in the vicinity of 6th Street and Bexel Street.  The vehicle was identified to the LAPD as a black GMC Yukon that was spotted by officers after the reported kidnapping.
According to Los Angeles Police Department Cmdr. Andrew Smith, the woman that had been kidnapped was seen by officers hanging out of the window at times and waving to the officers.

The police chase was approximately a mile, before the driver of the Yukon crashed head-on with a Volvo. The LAPD said that the suspect then took off on foot after the crash and was taken into custody a short time later.
The woman that had been allegedly kidnapped was transported to a local hospital where she was pronounced dead.

Cmdr. Smith said that the driver of the Volvo that was involved in the head-on crash suffered minor injuries in the collision.  According to the LAPD the relationship between the woman that was kidnapped and the suspect has not been determined at this time.

More Bondage Photos Found In Miramonte Sexual Abuse Case

February 8, 2012 – According to reports 200 more photos have been found in the sexual abuse bondage case.  According to Los Angeles County Sheriff’s Sgt. Dan Scott, investigators have found 200 more bondage photos in the computer at the Redondo Beach CVS store, where the first 40 photos were turned into authorities by an employee.

The new photos that have been recovered, allegedly taken by former Miramonte Elementary School teacher Mark Berdt, show approximately 25 victims that have not been identified.

One of the students involved in the sexual abuse case is identified as a ten year old female, who was not in Berndt’s class, but was borrowed from another classroom. According to the young girl Berndt would contact the girl’s teacher and ask to borrow a group of students and the teacher would deliver the students to his classroom.

Berndt, according to the girl would give them cookies, that she believed were for being helpful and as a reward. Police investigators have since discovered the cookies were covered with Berndt’s semen. The girl stated that she received a cookie almost every day.

According to attorney Brian Claypool, who represents six of the alleged victims, including the 10 year old female student, gave the name of the female teacher to authorities.  According to Sgt. Scott the female teacher has been interviewed and is not a suspect, police do not believe she had any involvement. He went on to say he cannot tell what will happen in the future.

Pedestrian Killed Crossing Pacific Coast Highway

February 6, 2012 – According to reports a pedestrian was killed crossing Pacific Coast highway Sunday.

According to Seal Beach Police Sgt. Steve Bowles the accident was reported at approximately 8:50 p.m. that a woman was struck by an SUV while crossing Pacific Coast Highway in the vicinity north of Anderson Street.

The woman according to Orange County Deputy Coroner Mitchell Sigal was identified as Holly Barish-Sablich age 22.

Sgt. Bowles stated that witnesses said that the woman was not in a designated controlled intersection and was outside of the sidewalk.  Alcohol is not considered to be a factor in the deadly crash and the driver of the SUV was interviewed by officers, Sgt. Bowles said.

Barish-Sablich was pronounced dead at the scene of the crash by paramedics and an autopsy is planned to determine the young woman’s cause of death.
According to Sgt. Bowles the accident is being investigated by a multi-agency Traffic Accident Response team that includes officers from Seal Beach, Los Alamitos, Cypress and La Palma.

Recall Issued for Eggs Due to Possible Listeria Contamination

February 3, 2012 – According to reports a recall has been issued for eggs due to a possible Listeria contamination and includes 34 states.
According to Michael Foods located in Minnesota and the Food and Drug Administration the recall is for over a million hard cooked eggs that are sold for institutional use in 34 states including California.

The Food and Drug Administration said that the eggs were produced at a plant in Wakefield, Nebraska and were purchased by food distributors and manufacturers. The hard cooked eggs were not sold directly to retailers, according to the FDA.

The eggs were sold under six brand names, according to Michaels Foods:
•    GFS
•    Columbia Valley Farms
•    Silverbrook
•    Wholesome Farms
•    Glenview Farms
•     Papettis

The states that are included in the egg recall are : Alabama, Arizona, Arkansas, California, Florida, Georgia, Colorado, Indiana, Iowa, Illinois, Kentucky, Kansas, Michigan, Louisiana, Minnesota, Montana, Missouri, Mississippi, North Dakota, North Carolina, South Carolina, New Jersey, Nebraska, Oklahoma, Ohio, Oregon, Pennsylvania, Washington, Wisconsin, Tennessee, West Virginia and Utah.

Teacher Allegedly Fed Students Semen—Principal Calls it an Unfortunate Incident | Gross!

February 1, 2011 – Some sick bastard if this is true.  So freakin gross! According to reports a third grade teacher fed students that were blindfolded semen from a spoon and on cookies.

According to Los Angeles County Sheriff’s Office Mark Berndt age 61 of Torrance was arrested on Monday and charged Tuesday with 23 counts of lewd acts with a child.  Sheriff’s Lt. Carlos Marquez said that Brandt a teacher at the Miramonte Elementary School, came under investigation when approximately 40 pictures were turned over by a CVS employee that was processing the film. The photos showed children that were blindfolded and had tape over their mouths.
Executing a search warrant at Berndt’s Torrance home investigators found over 100 pictures and at another photo processing location found approximately 250 photos. In total investigators found approximately 390 pictures that had similar tones to a sexual bondage film found at the former teacher’s house.

Lt. Marquez said that the 23 felony counts stem from twenty three boys and girls between the ages of 7 and 10 that have been identified as victims and the number is expected to rise.

Capt. Mike Parker of the sheriff’s department said that the children had contact with Brandt between 2008 and 2010.  Photos that investigators found showed children that were bound and blindfolded with Madagascar cockroaches crawling on them.

According to Capt. Parker some girls were holding a blue spoon with a white substance in some of the photos near their mouths. The Sheriff’s Department Special Victims Bureau detectives recovered a blue plastic spoon and an empty container in the trash in Berndt’s classroom. Testing of the container and spoon proved to be semen with a DNA match to Berndt, according to authorities.

Berndt was fired in March and after being arrested is being held in the Los Angeles County Jail in lieu of $2.3 million. Miramonte Elementary School Principal, Martin Sandoval said that this is an unfortunate incident and said he would like to express his deepest sympathies to the families of the victims.

LAUSD Superintendant John Deasy said that anyone that would violate the trust of young people in his opinion is scum. Deasy went on to say that Berndt is in jail, where he should be an hope he remains there for life and longer.

Cincinnati Lawyer Tells How to Locate Missing Witnesses

As a Cincinnati personal injury attorney Tony Castelli knows how important it is in a car accident injury claim to track down witnesses.  Witness could be people who saw the car wreck that occurred in Cincinnati, Mason or West Chester or a car crash that occurred on a side street or on Interstate 75, Interstate 71 or Interstate 275. So these witnesses could be from all over the United States or someone in the local area.

The best personal injury car accident lawyers know that a strong witness can make or break a personal injury insurance settlement or personal injury lawsuit.  A Cincinnati car accident attorney also knows  that not every witness is listed on the police report. In a recent wrongful death claim the police report listed the witness name but no address and the phone number was dead.  Luckily by Googling the man’s name, the area where he lived came up in an unrelated case. I contacted people living in the area and hit the jackpot when I found a neighbor who knew the witness and contacted him for me.

In some personal injury cases it is necessary to find a former employee of a corporate or business wrongdoer. A question came up in a recent claim against a rental car company. It was whether the injured party, that suffered a severe traumatic brain injury from  a broken down rental vehicle, could make that company give the injury victim’s Cincinnati lawyer the social security number of its former employee to use to find the former employee witness.

Although Social security numbers are considered confidential the Court balanced the need the personal injury victim had for the information against the harm that can flow from disclosure.  The Court allowed discovery since the number could be kept confidential and the brain injury victim had a great need to find this witness to fill in specifics as what actually happened. The employee witness was the last person to speak with the brain injury victim before the personal injury accident.

It’s vitally important to contact a Cincinnati car accident lawyer if you are involved in a car accident with serious injuries. That way witnesses can be tracked down and important evidence preserved before it’s too late. Contact Anthony Castelli Attorney 8170 Corporate Park Drive Suite 220, Cincinnati, Ohio 45242 at 513-621-2345 for a free consultation before you make a critical mistake that could ruin your personal injury insurance claim settlement.

Filing a Wrongful Death Suit to Repay Suffering Survivors

As a jurist, I have rated quite a few lawyers in my time. I have been following the chatter on G+ and other social sites. One Phoenix Personal Injury Lawyer stood out. I was looking for information that would cover things like a death in Arizona, such as a boat accident. How would my wife recover if I died? after all, it is a foreign jurisdiction. This is what I gleaned from the Zachar law site and I wanted to give a shout out to the Zachar Law Firm. Filing a wrongful death suit enables the survivors of wrongful deaths to protect themselves following the unexpected and wrongful death of a loved one. Wrongful deaths occur to thousands each year in Arizona. When a wrongful death occurs, the survivors are not only left with their grief but also mounting bills, financial burdens, and other losses which cause them to suffer. This suffering is not only unnecessary but unfair since a wrongful death is one that occurs due to another’s negligence or willful intent. Why should the suffering survivors have to carry the burden when another party caused it? The answer is that they shouldn’t and that filing a wrongful death suit allows the burden to be placed back onto the shoulders of the truly responsible party.

Many people wrongly assume that they don’t have a chance for a wrongful death suit; however, filing a wrongful death suit is the right of many more parties than one might expect. While obviously, the direct family and dependents of the deceased or “decedent” have a right to the suit if they are suffering, there are possibly other parties whose suffering and losses can be repaid via a wrongful death suit. Remember that while the criminal courts will handle the legal aspects of the death itself, the resulting burdens will not be considered in criminal courts. Filing a wrongful death suit should be done with the assistance of a qualified and experienced wrongful death attorney convenient to the survivors. Such an attorney often allows the survivors to get legal help without immediate out of pocket expenses through a contingency fee plan. In such a plan, the fees are paid out of the final, much larger settlement. A qualified attorney will also have the experience needed to not only foresee upcoming burdens, but to remember losses that the survivors suffer and convince the court that these losses should be repaid as is only fair.

More Bodies Found on Sinking Cruise Ship

January 16, 2012 – According to reports a sixth body has been found on the Italian cruise ship that sank off of the Tuscany Coast. The identity of the person that was found is unknown at this time according to Italian news outlet Ansa and only identified as a man that was a passenger on the ship.
It has been reported that two people were found aboard the ship on Sunday wearing life jackets, after the Friday evening accident when the Costa Concordia ran aground approximately 500 feet from the shore. The bodies were found at a gathering point in an area of the ship that was submerged.

Costa Cruises, whose parent company is Carnival Corporation said in a statement Saturday that they are investigating to know how the accident occurred. The Costa Cruises stated that the route the ship took was too close to the coast and the captain Francesco Schettino it appeared did not follow their standard procedures. Schettino is in custody and could face charges of manslaughter in the accident that occurred at approximately 12:30 a.m. that leaves 10 passengers and 6 crew members unaccounted for. According to the U.S. embassy in Rome they estimate there were approximately 118 American’s onboard the luxury liner and only 188 have been accounted for.

Passengers Told Italian Cruise Ship Had a Technical Difficulty—After Running Aground

January 15, 2012 – According to reports passengers on the sinking Italian cruise ship, after running aground were told by crew members it was a small technical difficulty.

According to passengers on the Costa Concordia, Vivian Shafer and her friend traveling with her Ronda Rosenthal, they were watching the magic show aboard the ship, with the staff, enhancing the show by turning the lights off and on and using smoke. They felt the ship shutter and upon returning to their cabin were told by the cabin steward that the ship had a small technical difficulty.

The two women went to bed thinking that everything was alright and heard an announcement on behalf of the captain saying that there was an electrical problem that would be fixed shortly.

According to Shafer the next thing that they heard were announcements talking about muster stations and lifeboats. The two women dressed quickly and took their life jackets to go find out what the announcements were about, when they saw chaos, among passengers and crew members.

Shafer said, passengers were left on their own, without anyone to help and were lowering lifeboats themselves.
Costa Crociere said that the crew acted bravely in a statement Sunday, after the Friday night sinking of the cruise ship. But other reports indicate the captain was showing off, and he was trying to get close to shore, so he could blow the horn!