Category Archives: Personal Injury News

By Michael P. Ehline, Esq. – I have a law  office in Marina del Rey, so this is an interesting read. The woman, who remains unidentified, filed a lawsuit against Los Angeles Lakers player Devin Ebanks. The woman claims that Ebanks sexually assaulted her, even though the District Attorney’s Office found there was insufficient evidence to prosecute the player.

Jane DOE Sues

The Los Angeles Lakers player is 23 years old and was the 43rd overall pick in the 2010 NBA draft. The woman filed the lawsuit as Jane Doe, in the Los Angeles Superior Court, which alleges sexual assault, assault, battery, intentional infliction of emotional distress and defamation.

Jane Doe’s lawsuit alleges the assault took place, after the two met at The Colony nightclub, in Hollywood on September 13, 2011. The woman claims she agreed to go to the NBA players apartment in Marina del Rey, on the condition that they would not have sex. The suit claims that the two began kissing, with Ebanks beginning to take off her shorts and underwear, when she objected and told him to stop. The lawsuit states that Ebanks became sexually aggressive, after getting a condom and stated “what’s the big deal, it’s just sex.” The NBA player said “I’m on the Lakers.”

Allegations of False Information

It is also alleged by the woman in her lawsuit that Ebanks published false information about her on his Twitter account. The Twitter posts suggest the woman made up the rape allegations against him. In December of 2011, the prosecutor’s office determined they would not prosecute Ebanks, due to lack of corroborating evidence.

Sources:

http://marinadelrey.patch.com/articles/woman-suing-l-a-lakers-player-for-alleged-sexual-assault-in-marina-del-rey

Many of us here at JRA are defense attorneys, and other are criminal prosecutors. So one side will typically support the cops. But when the cops cross the line, then their traditional ally has to try and throw them in jail. And, as could be guessed, sometimes it takes some prodding by an outsider to get the DA to act on regular complaints about their ally, the Sheriff.

According to a report by the American Civil Liberties Union in Southern California, it is an “alarming regularity” that inmates are struck in the head, by Los Angeles County Jail correctional officers.

Inmates Getting Stomped in the Head By Deputies?

Say it ain’t so. The report states that inmates have been stomped in the head, even when they are in shackles, by Los Angeles Sheriff’s Department deputies. They have slammed inmate’s faces into walls, causing nose, cheekbone, jaw and eye socket fractures, the ACLU said. The ACLU said that there are reports of eleven inmates that have had facial broken bones, over the past three years. One of the victims had to undergo surgery for the injuries.

There have been sixty-four people that have made sworn statements, saying that the deputies target inmate’s heads for attacks, during the years between 2009 and 2012. The descriptions of the alleged incidences, the ACLU has corroborated 12 of the head injuries, with medical records, photo documentation and civilian reports, as evidence. In other of the reports inmates have corroborated the reports of deputies inflicting strikes to another inmates head.

In a report entitled “Sheriff Baca’s Strike Force: Deputy Violence and Head Injuries of Inmates in LA County Jails, it details some incidences of abuse by correctional officers.

• July 14, 2010–“Mr. J” was struck in the head and neck, by deputies, of which he did not initiate the altercation. Deputies have alleged Mr. J did provoke the altercation, in which other deputies joined in. The inmate had a broken nose, an artery in his brain swelled and he had a torn ligament in his ankle, from the altercation.
• April 12, 2011—“Mr. N” was beaten by deputies involving repeated punches, kicked and hit in the head and body. The inmate had a swollen head and complained of blurred vision that was ignored by deputies. After an amount of time, he was permitted medical attention and diagnosed with a detached retina, which required surgery.
• April 12, 2011—“Mr. McM” was punched in the eye with a closed fist by a deputy, after being denied dinner and placed in lockdown. The deputy repeatedly kneed the inmate in the face and other deputies joined in the beating of the offender, with one of the deputies stomping on Mr. McM’s face.
• March 13, 2012—“Mr. CC” was punched in the head and ear, repeatedly by deputies and sustained a fracture in the area below his right eye. He required stitches on the forehead and his ear bled for over 24 hours, after the altercation.
• April 6, 2012—“Mr. Gabriel Carrilo experienced multiple deputies using force, while visiting the Men’s Central Jail. He was surrounded by five deputies on the order of a sergeant, who ordered the deputies to use their personal weapons to strike him. Carrilo sustained facial trauma, a broken nose, swollen eye with ecchymosis, a gash over his right eyebrow, which required stitches and other facial injuries.

The problem is not new and in the ACLU’s published report in 2011, the LA County Board of Supervisors appointed a Citizens Commission on Jails Violence. A report is expected by this committee on September 28th of their findings on deputy violence against inmates.

The ACLU concluded that the head injuries caused by the LASD deputies are not as a response to assault. This is not a last resort self protection in the altercations but rather is being used as a way to establish authority.

The report says the low number of unreasonable force findings, are due to a cover of of violence committed by deputies. This behavior shows that the training is far below the industry standards and practices. In March the Southern California ACLU filed Rosa v. Baca, against the Los Angeles County Sheriff’s Department, which demands there be reform in the county jails. In July they filed a suit against the sheriff’s department and L.A. County District Attorney Steve Cooly for knowingly hiding evidence in potentially thousands of criminal cases that involved the abuse of inmates in the jail.

In the report the ACLU acknowledges that they know the LASD will respond to the report by blaming inmates and attacking the ACLU. It said the deputies will argue that the inmates were the aggressors and the reports of abuse are unjustified or false. The ACLU said that even if the inmate were the aggressor, it does not absolve the LASD from use of excessive and illegal force. They said it is widely recognized that use of force by strikes to the head are almost never permissible, in the event the inmate was the aggressor.

Head injuries should be extremely rare in the use of force incident, when the inmate is the aggressor. There has been no accountability, for the officers that have used this type of force. They have not been removed from their job, after beating and kicking an inmate.

It appears the City of Los Angeles allows deputies to act like thugs and shield them from any type of punishment for their actions. The city permits brutal behavior, which an inmate should never suffer, no matter what their offense was and should not experience it in jail. So what do you think? Do you think the DA will sell out their buddies in the Sheriff Dept.? We report, you decide.

Additional Citations:

http://www.scpr.org/news/2012/10/09/34567/sheriff-baca-listening-time/

http://www.latimes.com/news/local/la-me-jails-sg,0,4834651.storygallery

http://blogs.laweekly.com/informer/2012/07/video_la_sheriff_beating_stomping_head.php

September is here and that means cooler weather, classes starting and sports seasons beginning. As an ex-football player who injured himself, I realize now how dangerous some sporting events can be for the participants. Over my career, I suffered numerous orthopedic injuries including knee injuries, neck injuries and back injuries from which I still suffer from some symptoms. Some people injured in playtime, ask: “Can I Sue”. In this article, William Hurst, Esq. goes in depth on this very issue.

The CDC Estimates

The CDC estimates that high school athletes account for an estimated 2 million injuries, 500,000 doctor visits, and 30,000 hospitalizations annually. According to the American Heart Association, there are approximately 4.6 sports-related deaths per million population each year.

High School Athletes

Keep in mind that those statistics reflect only high school athletes not to mention little league and college sports. A common injury found among athletes is a head or brain injury which includes concussions. Sports related head injuries including traumatic brain injuries are among the most common attributing for nearly “21 percent of all traumatic brain injuries among American children and adolescents.”

Traumatic Brain Injury

A Traumatic Brain Injury is generally defined as a sudden trauma to the brain which can be caused when your head hits an object, an object pierces brain tissue or it may be a “closed head” injury such as a concussion. Symptoms of a head injury or concussion may include dizziness, headaches, loss of balance, concentration issues, memory loss, problems with sensory perception like blurred vision, sensitivity to light or sound, problems sleeping and sudden mood changes.

Most Injuries Happen in Training Practice

Most organized sports related injuries (62 percent) occur during practices rather than games. Despite this fact, a third of parents often do not take the same safety precautions during their child’s practices as they would for a game. This should be a concern for parents that cannot make it to practices because of work or other obligations.

Football

Football is a sport involving practice many days a week and parents should be sure that they are educated and informed about injuries; and in particular concussions. Alabama recently enacted a law requiring recreational or youth organizations inform the coaches and parents about the risks of concussions and other brain injuries. It also states that sports or recreational organizations must ensure that coaches receive annual training on recognizing symptoms of a concussion and how to seek appropriate medical attention. The recent law even requires athletes with a previous head injury to receive approval from a licensed physician before re-entering the sport! According to an American Association of Neurological Surgeons (AANS) study utilizing CPSC data, there were 46,948 football related brain injuries and 446,788 sports related brain injuries.

While parents may not be able to attend every practice you can help prevent head injuries by doing some things such as:

1. Make sure they are wearing a molded mouthpiece
2. Parents should always check your children’s pads and make sure they fit properly.
3. Shoulder pads should be tight and completely cover the shoulders.
4. The ear pads should be snug but not too tight on the ears.
5. Check the air inside the helmet pads, the pads should not crumple to the touch.

Sports related head injuries have been a topic of major concern lately. On July 17, 2012, football related injuries entered the legal arena when a panel of Federal Court Judges decided to consolidate the many concussion related claims against Riddell (a helmet and pad manufacturer) into a single multi district litigation. The Plaintiffs’ (a group of retired NFL players) complaint alleges that Riddell inaccurately marketed their “Revolution” helmet as safer because it reduced the risk of concussion by 31% and players are currently suffering from the long term effects of a head injury. Additionally, the players have included design and manufacturing defect claims against Riddell.

While serious football related injuries include for the most part hip and knee injuries, orthopedic injuries, spinal injuries and even death, the current focus seems to be on the prevention of head injuries especially concussions.

So what should you do if you or your child is injured in an Indiana sports related accident? In Indiana it depends on whether the other party’s behavior was reasonable. In 2011, the Indiana Supreme Court decided Pfenning v. Lineman a case where a sixteen year old girl was struck by an errant golf ball while she was riding in a golf cart causing her multiple facial fractures, permanent disfigurement and other personal injuries. The Court stated that a golfer hitting an errant drive which struck the girl in the golf cart was within the range of ordinary behavior and as a matter of law not considered a breach of duty required in successful negligence actions. They went on to state that “in negligence claims against a participant in a sports activity, if the conduct of such participant is within the range of ordinary behavior of participants in the sport, the conduct is reasonable as a matter of law and does not constitute a breach of duty.” However, they did state that a participant may breach their duty if the behavior is reckless or intentional.

What Courts Say About Getting Money for These Injuries

The Indiana Pfenning court looked at other States and found similar decisions. They stated, “many have adopted some variety of the general formulation that no duty is owed by a sports participant except to refrain from intentional injury or reckless conduct” including California, New York, Utah, & Texas. The Court went on to say that even more States have come to the same “no duty” conclusion but for public policy reasons including States: Massachusetts, Montana, Illinois, New Jersey, New Mexico, and Ohio.

Regardless, if you, your child or a loved one has suffered a serious sports injury then you should seek immediate medical attention. In cases of a head injury, the subtle symptoms can be difficult to recognize so educating yourself is important. There is a wealth of information on the Internet and when in doubt seek professional assistance from a medical doctor.

Ask An Attorney

If you or a loved one has suffered an Indiana sports related injury due to the intentional or reckless conduct of another person, then contact the Law Office of William W Hurst. We have over 35 years of experience handling sports injury cases and will review your case for free. If you are out of state call 1-800-636-0808.

www.indianapolisabogado.com

July 12, 2012 – Here is another gem I saw on the news today. According to the news reports, a woman was injured in a collision with a driver that was being pursued by police.

According to authorities the collision occurred early Thursday morning in Koreatown, while police were in pursuit of the driver. Police were attempting to pull over a driver on suspicion of driving under the influence, after witnessing the driver weaving in and out of traffic erratically.

The driver of the vehicle crashed into a minivan, injuring a woman and then struck a fence, hit a pole at Western and 11th Street and then attempted to flee. Police setup a perimeter to find the suspected drunk driver. The woman that was injured in the minivan did not suffer serious injuries. I wonder if the woman will sue the police for a high speed chase? Are there any attorneys here who would like to discuss this?

May 25, 2012 According to reports former porn star Jenna Jameson was arrested for suspicion of DUI after hitting a light pole in Westminster. No it wasn’t a stripper pole either.

According to Westminster Police Officer Rachel Archambault the accident occurred at approximately 12:45 a.m. at Springdale Street and Westminster Boulevard. Officers responding to the scene found Jameson had crashed into a light pole at Springdale Street and showing signs of intoxication.

Officer Archambault said that officers conducted a field sobriety test and arrested the former porn star of driving under the influence. Officer Archambault said the 38 year old Jameson’s blood alcohol level was over the legal limit.
Westminster police officers said Jameson suffered minor injuries in the crash and refused medical treatment.
Officer Archambualt said that Jameson was booked into the Westminster County Jail and later cited and released.

April 25, 2012 – According to reports a teen that was pushing a disabled car was struck and killed on Tuesday night. According to Anaheim Police Department Sgt. Bob Dunn the accident occurred at approximately 8:15 p.m. in the 2800 block of West Cerritos Avenue in the vicinity of Magnolia Avenue.

Sgt. Dunn said the teen that died has been identified as Juan Daniel Barboza age 17, a Magnolia High School student. Barboza was helping his 35 year old cousin push a Honda Civic in the westbound No. 2 lane of West Cerritos Avenue. The teen’s mother was steering the vehicle that was being pushed out of the way for “street sweeping day,” according to authorities.

According to Sgt. Dunn a Honda Ridgeline struck the Civic and the teen from behind, the cousin identified as Jose Luis Barboza had time to jump out of the way. The 35 year old stated he saw headlights and saw the car was not stopping and dove out of the way, but did not have time to warn his 17 year old cousin.
Juan Daniel Barboza was transported to UCI Medical Center where he was later pronounced dead, his sister Estela Barboza said.

The impact of the crash injured the teen’s mother identified as Araceli Pedraza, who suffered head injuries, knee injuries and bruises on her back. The woman was transported to the hospital and released a few hours later.

According to the 17 year olds cousin, after the teen was struck he could not move and the only thing he said was, “Mom. Sgt. Dunn said the driver of the Honda pickup remained at the scene of the crash and was not arrested or cited. The driver was cooperative with investigators, Sgt. Dunn said.

Anaheim police said it is unclear if speed or alcohol was a factor in the crash that remains under investigation.

April 23, 2012 – According to reports a driver was killed in a solo vehicle accident in the northbound lanes of the 133 Freeway in Irvine. According to the California Highway Patrol the solo vehicle accident was reported at approximately 3:30 a.m. Monday. The accident occurred in the northbound lanes of the 133 in the vicinity north of the 73 Freeway.

California Highway Patrol officials said that the man was driving a Chrysler PT Cruiser and failed to negotiate a curve in the roadway. The PT Cruiser left the roadway and rolled over several times, CHP officials said. They said it is unclear if speed played a role in the crash.

According to the California Highway Patrol the man was identified as a 22 year old man from San Jose. His name has not been released, pending notification of his next of kin.  Ehline Law Firm PC is a Los Angeles personal injury attorney firm in Los Angeles who writes and discusses legal theories of recovery, and defenses.  If you would like to learn more about serious injury claims, contact them at 633 W 5th St. #2890 Los Angeles, CA 90071-2005. 213.596.9642.

April 9, 2012 – According to reports a five car chain reaction crash injured one driver, sending them to the hospital.  According to the California Highway Patrol the five car chain reaction crash occurred  at approximately 7:00 a.m. in the eastbound lanes of the 22 Freeway. The crash occurred in the vicinity east of Haster Street in Garden Grove.

California Highway Patrol Officer Bill Rees said the crash involved a Jeep Cherokee, a Toyota Yaris, a Toyota Sienna, a Hyundai Santa Fe and a Honda Element. Officer Rees said the chain reaction crash occurred in the No. 2 and 3 eastbound lanes of the 22 Freeway.

A female driver of the Hyundai Santa Fe was injured in the crash and treated at the scene, she was later transported to an area hospital, CHP Officer Rees said. The officer said the woman was the only reported injuries in the five car collision.

According to the California Highway Patrol the No. 2 and 3 lanes were cleared by approximately 7:30 a.m.

April 6, 2012 – According to reports a woman wants the city of San Juan Capistrano to pay a ticket for running a red light, in a claim filed with the city.

According to the claim filed Jaimie Davis of Silverado wants the city of San Juan Capistrano to pay for a $533 ticket for running a red light. Davis says that she was crossing Del Obispo and Camino Capistrano, on February 9th, when she was distracted by a banner that caused her to run the red light.

The banner that Davis said caused her to run the light is a part of a series of city announcements of local events, including Fiesta De Las Golodrinas, a Taste of San Juan and Community Center classes. Davis’ claim was denied at a Tuesday night City Council meeting, without discussion. According to the City Council, city governments routinely deny these types of claims.

April 6, 2012 – According to reports a motorcyclist was killed in a San Fernando Valley crash.  According to authorities the accident occurred at approximately 4:50 a.m. when a driver was making a left hand turn from Glenoaks Boulevard onto Peoria Street, in the San Fernando Valley area, on Thursday.

According to police Officer Doug Larkin, the driver of a 1196 Mitsubishi making the left hand turn, struck the 2002 Yamaha Warrior that was traveling northbound on Glenoaks Boulevard. Officer Larkin said the motorcyclist is believed to have been traveling over the speed limit at the time of the crash.

Officer Larkin said the motorcyclist that was identified as a 51 year old David Arthur Stover, from Fullerton, who was killed. According to the Los Angeles Police Department, Stover was transported to Holy Cross Hospital where he was pronounced dead.

Officer Larkin said there was no evidence of driving under the influence and there were no arrests made in the crash. This has been a public service message from the motorcycle accidents injuries attorney at Ehline Law Firm PC 213.596.9642.