Woman Critically Injured in Suspected Hit and Run

April 2, 2012 – According to reports a woman was found critically injured and authorities suspect she was a hit and run victim. According to Anaheim Police Department Sgt. Bob Dunn, police were alerted at approximately 5:50 a.m. that a woman was lying in the street on the eastbound side of Stanton Avenue. The woman was found in the vicinity north of Beach Boulevard in Anaheim.

Sgt. Dunn said that the woman was found by police officers lying in the street, suffering from traumatic injuries. The woman has been identified as being between 45 to 50 years old, Anaheim Police said. According to Orange County Fire Authority Capt. Marc Stone, the woman was transported to UCI Medical Center in Orange.

Capt. Stone said the woman is listed in critical condition. According to Sgt. Dunn the woman’s injuries are consistent with a hit and run accident and a review of surveillance video from the area, shows several cars slowing down where the woman was found at approximately 5:50 a.m.

Anaheim police believe based on the video that this may be when the hit and run accident occurred. The Anaheim Police Department is asking any witnesses that saw how the was woman injured to come forward.

Tustin City Council Denies Woman’s Sidewalk Trip and Fall Claim

March 29, 2012 – According reports the Tustin City Council has denied a woman’s claim after being injured in a sidewalk trip and fall accident.
According to the claim, Pearl Shiffman claims that she suffered injuries after tripping on the raised edge of a sidewalk in the 17600 block of Norwood Park Place in Tustin.

Shiffman suffered a fractured elbow, sprained wrist, she also injured her right knee and back, in the trip and fall accident. According to Shiffman’s attorney Brian Easton, the sidewalks in the area need to be fixed and residents should report sidewalks that are cracked to the city of Tustin.

According to Lisa Woolery, Tustin spokeswoman, the matter cannot be commented on, other than to say that it was denied, since it was discussed in a closed session.  Shiffman and her attorney were seeking over $25,000 in the unlimited civil case, for the injuries she suffered in the trip accident.

Woman Rescued on Angeles Forest Highway Suffers Head Injuries

March 26, 2012 – According to reports a woman whose car went off of  the Angeles Forest Highway, suffered head injuries in the crash.
According to the California Highway Patrol, a woman that was reported missing was found lying near her vehicle that has plunged off of the Angeles Forest Crest Highway.

California Highway Patrol said that the 56 year old woman was reported to have driven to her aunt and uncle’s house near the Pasadena Rose Bowl weekly from Juniper Hills in the Palmdale area, was reported missing.

The woman called her uncle to check the road conditions and he checked the Caltrans webpage and said that the Angeles Forest Highway was open but required chains in some areas. When they attempted to call the woman back there was no answer.

The 56 year old woman was found on Angeles Forest Highway at mile marker 10.47, where her 1999 Ford Ranger pickup truck was spotted 300 feet down the side of a steep snow covered embankment, according to the CHP officials.
The woman was found lying near her Ranger, where she had been ejected and was transported to an area hospital for treatment. California Highway Patrol officials said the woman suffered severe hypothermia and head injuries and is listed in critical condition.

Driver Hits Bus Bench While Having a Seizure

March 19, 2012 – According to reports a driver struck a bus bench, while having a seizure.

According to authorities the accident occurred at approximately 9:25 a.m. at 2300 Harbor Boulevard in Costa Mesa. The Costa Mesa police officer at the scene of the crash said the driver of a Ford Windstar crashed into a bus bench.
The officer said the driver had a seizure, caused by a medical condition.

The Costa Mesa Fire Department transported the driver of the Ford Windstart to Hoag Hospital for treatment of minor injuries, suffered in the accident.
According to authorities there were no other people injured in the bus stop crash.

Downtown L.A. Metrotrain and Car Collision Injures Six

March 19, 2012- According to reports, a Metrotrain and car collision occurred Saturday in Downtown Los Angeles injuring six people.

According to authorities the accident occurred at approximately 4:20 p.m. at the intersection of Flower Street and Venice Boulevard in Downtown Los Angeles.
Authorities said the Blue Line train was traveling southbound in route to Long Beach, when the accident occurred.

According to witnesses a black sedan ran a red light, prior to the crash.
Firefighters responding to the scene of the crash extricated the driver of the vehicle that was trapped underneath the front of the train.

According to authorities there were five other people in the vehicle that suffered minor injuries and were transported to area hospitals for treatment.
Metro officials said that the operator of the train suffered minor abrasions in the crash. The said that commuters should expect delays through Saturday and Saturday night, but had the Blue line back on schedule at approximately 9:30 p.m.

Man Struck by Metrolink Train Killed in Van Nuys

March 15, 2012 – According to reports a man was struck and killed by a metrolink train in Van Nuys.  According to the Los Angeles Police Department Valley Traffic Division Sgt. Mike Zaboski the accident occurred Thursday morning at approximately 9:00 a.m. in the 8100 block of Woodley Avenue in Los Angeles.

Sgt. Zaboski said the man that was struck by the Metrolink train was killed instantly. He said according to witnesses the man was sitting on the tracks at the time he was struck and killed by the Metrolink train 110. According to Los Angeles Police Department officials it was not clear if the death was a suicide.
Paramedics responded to the scene of the crash and the man was pronounced dead at the scene.

According to Metrolink the train was carrying 60 passengers at the time of the crash. Metrolink 110 operates between Los Angeles and Ventura, Metrolink officials said. Sgt. Zaboski said that the man’s identity has not been released, but he was in his early 40’s.

San Bernardino Teacher Arrested by the FBI for Child Pornography

March 14, 2012- Coming on the heels of a recent increase in public school teacher arrests for sexual abuse of kids, here is another alarming report about another of our SEIU, and NEA members.  According to reports a San Bernardino teacher was arrested by the FBI for child pornography.

The teacher arrested by the FBI Tuesday is identified as Eugene Ballantyne age 29, a teacher at the Arrowview Middle School in San Bernardino. According to the authorities Ballantyne was arrested at his home in Running Springs, early Tuesday.

According to the FBI affidavit that was filed in federal court, Ballantyne  exchanged sexually explicit photographs with a 13 year old girl from New Jersey, he received sexually explicit pictures from a 15 year old girl, two years ago and he is alleged to have traveled 180 miles to have sex with a 17 year old girl.

According to authorities there is no evidence linking him with any students at the Arrowview Middle School, where he is a social studies teacher. According to the San Bernardino City Unified School District, Ballantyne was placed on leave two weeks ago. They stated that they have begun their own investigation, however there is no evidence of illicit contact with any students in the school.

According to the FBI Ballantyne allegedly used a false name John Baldwin and said he was a 25 year old teacher from Corona, after meeting the 13 year old Bunswick, New Jersey girl in an internet chat room. The FBI said that Ballantyne and the 13 year old sent sexually explicit pictures by cell phone and was demanding in his tone, while convincing the girl to engage in sexual activity, while they talked. In an email the former teacher said that he wished the girl was there so he could express his feelings.

The girls mother contacted the South Brunswick police on January 28th and reported the emails and pictures that were exchanged between her daughter and Ballantyne. Tuesday, Ballantyne was scheduled to appear in Riverside at the U.S. District Court.

Gerber Powdered Baby Formula Recalled Due to Strange Odor

March 12, 2012 – According to reports a recall has been issued for Gerber powdered baby formula that was reported to have a strange odor. According Gerber officials they are issuing a recall for certain packages of Gerber Good Start Gentle powdered formula.  We are sure that lawyers personal injury are ready for this.

The voluntary recall is for the 23.2 ounce plastic packaged Gerber Good Start Gentle powdered formula.  Gerber said the expiration date on the powdered formula they are recalling is March 5, 2013 and the batch number affected is GXP1684, after an odd odor was reported.

The company is asking retailers to remove the recalled baby formula from their shelves and added that product does not pose any health safety risks.  Gerber officials said that there have been no hospitalizations, but there have been several reports of infants spitting up and gastrointestinal complaints.

Low Ball Offers is Nothing New for Insurance Companies

Dolman Law Group

Dolman Law Group

We recently learned that Farmers insurance Company has begun utilizing Colossus in their evaluation of automobile injury claims.  This coincides with a recent spike in advertising by the insurance giant.  Colossus was designed to help insurance companies value automobile and motorcycle accident related injury claims based upon region and a host of other criteria.  The program’s purpose is to eliminate human evaluation and maintain a uniform standard for claim evaluation.

The big issue with Colossus is that individuals perform baselines for claims evaluation and input and with any computer program it can be manipulated and misused.  Insurance companies have linked to lowering the baselines or standards by up to twenty percent (20%) to save even more money in the payout of claims.  This mismanagement of the software is now the biggest concern for personal injury attorneys.  The program is completely reliant on adjusters entering the correct information in regards to the claim.  Small mistakes can drastically reduce the settlement value.

Farmers’ has taken this one step further by instituting a nationwide goal of finding fifteen percent liability to a collateral source.  This practice has been encouraged along with increasing the ranges of what is considered “slight”, “moderate”, or “major” impact and property damage.  Other tactics include intentionally leaving out second opinions or independent medical exams that would increase or raise the value auto accident injury related claim in colossus.
Many insurance carriers such as Allstate utilize a different variation of Colossus, which cuts off treatment regardless of severity of injury or accident after a pre-determined standard number of visits.

This completely ignores the human element of impact, property damage, diagnostic studies, and is just an arbitrary number set by a computer program designed to mitigate damages. Some Colossus derivative programs even take into account physicians and attorneys by identifying them by their tax identification numbers.  The settlements that attorneys receive are part of the calculations.

Thus, if an attorney or law firm routinely settles for lower amounts this is calculated into the software, which will in turn generate a lower settlement offer.  Doctors are calculated in much the same way.  That’s why it’s important to hire an attorney that actively litigates cases.  At Dolman Law Group, we pride ourselves on maintaining an active litigation calendar in Pinellas and Hillsborough County

In order to properly combat a claims management program like colossus or a derivative of such which is utilized by a majority of insurance carriers, the attorney must be committed to litigating the case and not accepting diminutive settlement offers.  It is imperative that all complaints and diagnosis are provided to the insurance carrier to preserve the claim of unfair claims handling and bad faith.

The covenant of good faith and fair dealings is implied in every insurance contract/policy.  Thus, to prove that the carrier has deviated from its fiduciary duty, the personal injury attorney must demonstrate that the handling claims adjuster has acted unreasonably.  This can be demonstrated by the reliance on a computer software program, which eliminates thought process and simple human factors. Clearwater car accident attorney also know as a “Clearwater automobile accident attorney“, can definitely help you understand more.

Contact us:

Dolman Law Group at: (727) 451-6900 or email us at: matt@dolmanlaw.com

Children’s Fluoride Pills and Cancer Drugs Mixed Up at CVS

March 5, 2012 – According to reports some families in New Jersey got more than the children’s fluoride prescription they expected from a CVS pharmacy. According to CVS Caremark spokesman Mike DeAngellis, they believe that there was a single medication restocking error at the Chatham New Jersey CVS Pharmacy.

DeAngelellis said that 0.5 mg fluoride prescription pills were mixed with a few Tamoxifen pills, which are a estrogen-blocking drug. Tamoxifen pills are used for breast cancer patients with estrogen-receptor-positive cancers.

According to spokesman DeAngelis they believe there were 13 families affected and one of the parents brought it to CVS’s attention. He said CVS Caremark went back 60 days to ensure anyone that might be affected by the mix up could be notified. DeAngelis said that most of the families said they received the correct pills.

Chief Medical Officer for the American Cancer Society Dr. Otis Brawley, Tmaoxifen taken in small doses for a short amount of time should not have any lasting damage if taken by a child.