Author Archives: Norman Gregory Fernandez, Esq.

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Chatsworth California Metrolink train crash kills 25, injures hundreds, and wreaks havoc on my neighborhood.

Chatsworth Train Accident Attorney Norman Gregory Fernandez discusses Metrolink Train Accident in Chatsworth, CaliforniaWhile driving home on the Ronald Reagan Freeway Friday night to pick up my gal, I observed many helicopters hovering over the area where I live. I decided to turn on KFWB News Radio to find out what was going on. I heard on the news that there had been a horrendous train accident within 1 mile of my home. Apparently a Metrolink commuter train collided head-on with a commercial freight train. It was further announced that the commuter Metrolink train had approximately 225 persons on board.

I grew up in Chatsworth California. I have left the area only a few times throughout my life when I went in the Air Force, lived in San Francisco, and in Hollywood California, but I have always come back home to Chatsworth California.

I not only live in Chatsworth California, but I work as an attorney in Chatsworth California as well. Chatsworth California is my home base for practicing law, and living.

Suffices to say on Friday night the authorities had Desoto Avenue closed, as well as Topanga Canyon Blvd.

As I was traveling west on the Ronald Reagan Freeway, heading towards home, I heard chilling eyewitness accounts of the carnage that took place during and after the train wreck, by way of accounts eyewitnesses on KFWB News Radio.

I was unable to get off of the freeway at my normal exit, and had to double back in Simi Valley, and exit at Tampa Avenue, to try to get home. I eventually had to call the Los Angeles police department Devonshire division to find out how I could get home in my car. There were literally hundreds of firefighters and police officers all over my neighborhood. I felt extreme grief for the victims of the train accident; however I also needed to get home as well. I was finally able to get home at approximately 10:00 PM Friday night.

Once at home, I watched the live local news accounts of the carnage that ensued in the Metrolink train accident. It made me sick to hear of all the people that died in the train accident, and all the people that were injured in the train accident. You must understand, as a child growing up in Chatsworth California, my friends and I used to play on the train tracks precisely where the Metrolink train accident happened. Furthermore, we used to walk through the tunnel close to where the accident occurred all the time. It is all part of the famous Chatsworth Park area where I live.

As a lifelong resident of Chatsworth California, I would like to send my prayers and condolences to the family members of all the victims of the Chatsworth Metrolink train crash, as well as to all of those were injured in the train accident.

On a more disturbing note, I have read numerous stories about the Chatsworth Metrolink train accident, on what I will call “bottom dweller” personal injury attorney blogs. Some of these stories were literally posted on the evening of the train accident. On the bottom of these blog entries, these bottom dwellers have the nerve to sign their story with “Chatsworth train accident attorney.” Not one of these attorneys lives or works in Chatsworth California. One of them is from downtown Los Angeles. It appears that the only reason they wrote their story, or plagiarized it from a reputable news source, is to try to get some of the victims of the Chatsworth train accident to sign up with their law firm. Maybe they were hoping that their name would come up in some kind of Internet search, I don’t know. I feel that this kind of behavior is unethical, immoral, and despicable. Heck, if given the chance, some of these attorneys would have probably been illegally passing out business cards at the scene of the train accident.

If you are a family member of one of the persons who died in the train accident, or were injured in the Chatsworth Metrolink train accident, do not under any circumstances retain one of the bottom dweller attorneys that call themselves Chatsworth train accident attorneys, or would write a story, or “have their marketing company” write a story on the evening of the accident. It is disgraceful.

Because this accident occurred so close to where I live, and in an area where I played as a kid growing up, and where I personally practice law, my law firm will hereby make the following offer to any family member of one of the deceased victims of the Chatsworth Metrolink train accident, or persons injured in the Chatsworth Metrolink train accident: the law offices of Norman Gregory Fernandez and Associates will reduce our contingency fee rate to 25% for all claims that are settled in pre-litigation. This offer only applies to family members and victims of the Chatsworth Metrolink train accident.

You may call my law firm at 800-816-1529 extension #1 for a free consultation, or go to my personal injury website at www.thepersonalinjury.com to read more about my firm.

If you or your family were a victim of the Chatsworth Metrolink train accident, and retain our firm at the reduced rate of 25% contingency fee for all claims that are settled in pre-litigation, we will immediately send our investigator out to you to sign you up to make things more convenient for you.

I must stress one thing that is very important; you have only six months from the date of the accident, September 12, 2008, to file a claim against Metrolink. I have handled many cases against the Los Angeles County Metropolitan transit Authority. Trust me, you must act fast. If your claim is not filed within six months, you most probably will lose your right to recover compensatory damages in this case.

God be with you.

By Norman Gregory Fernandez, Esq., a real Chatsworth California train accident attorney, © 2008

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What Do You Do When Your Motel or Hotel Has Bed Bugs? Don’t the let Bed Bugs Bite!

California Personal Injury Lawyer Norman Gregory Fernandez discusses an inkeepers duty not to allow bed bug infestations in hotel rooms, or motel rooms.Imagine you and your spouse have been traveling for many hours on a major interstate highway on your motorcycle or in your car, truck or other motor vehicle.

You and your spouse are very tired, sleepy, and decide to get a hotel or motel for the evening. You stop at what you think is big name, trustworthy, reputable motel chain to get a room for the night.

As you are sleeping you start to feel itchy, and that something is wrong. Imagine waking up to find out that you have been bitten hundreds of time by bed bugs or other blood eating insects! You have got that right bed bugs! Imagine the bites becoming infected; for weeks you suffer not only with the infection, but when it goes away, you have permanent scarring. Here is a link to the Harvard School of Public Health which explains what bed bugs are in great detail.

What do you do?

Well the first thing that you should do under the circumstances is seek medical treatment as soon as possible. A few bites are one thing, but hundreds are a whole different matter. You could have an allergic reaction, they could become infected, you could suffer scarring, etc. Prompt medical treatment will most likely give you a better prognosis.

The next thing you should do is take pictures of your bites. If you do not have a digital camera, buy a disposable camera and take pictures.

You should then notify the hotel / motel owner or manager of what happened as soon as reasonably possible, preferably before you check out. Obviously you do not want to go back into the room unless you have to, and anything taken out of the room by you needs to be washed, scrubbed, thrown out, etc., or you risk taking the bed bugs with you.

You should then immediately call a California Personal Injury Attorney such as me if your incident occurred anywhere in the State of California or another personal injury attorney if your incident occurred outside of California. You should call a personal injury attorney within 24 to 48 hours of your incident because of all the things that need to be done in your case, and because of all of the things you can do to screw your case up on your own.

Motel / Hotel (“Innkeepers”) owners have a higher duty of due care than normal to ensure that their rooms are safe and habitable for paying guest. If they allow bedbug infestations, or other insect infestations to cause injuries to their guests, they are liable for all damages proximately caused for their failure to prevent such infestations.

Check out my California Personal Injury Website Here for valuable information about personal injury cases. Remember, only a fool has himself or herself for a client.

If you have been the victim of bed bugs in a hotel / motel, a car accident, a truck accident, a motorcycle accident, a dog bite, a slip and fall, or any other personal injury, anywhere in the State of California that you think may have been caused by someone else, or where you think someone else may be responsible for your injuries, give us a call 7 days a week, 24 hours a day at 800-816-1529, extension 1. We will give you a free consultation over the phone, and tell you what we think about your case.

If we believe that we can help you, you may retain our firm on a contingency basis (in most cases) which means that you will not have to pay any money out of your pocket, unless we recover for you.

If you do not feel like calling you can click here to submit your California case to us online. If we feel that we can help you, we will respond to you. Either way, you have nothing to lose, and potentially everything to gain.

Take care all and remember; don’t let the bed bugs bite!

By California Personal Injury Attorney Norman Gregory Fernandez, © 2008

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Happy Independence Day from The California Personal Injury Lawyer Blog!

california personal injury lawyer norman gregory fernandez discusses independence dayFirst off I want to wish everyone a safe and sane Independence Day.Well it is that time of year again; Independence Day, known to others as the 4th of July Holiday.

On this day in the year 1776, the founding fathers of the United States of America proclaimed through the Declaration of Independence, a new nation that was free of it’s allegiance to the British Empire. If you want to read the full text of the Declaration of Independence click here to see an article I wrote last year.

There are many who will celebrate today and tonight by having a barbecue with the friends or family, watching a fireworks show, or setting off your own fireworks, and enjoying an extra day off of work and a long weekend.

Take a moment to contemplate what today; Independence Day is really all about. You see, our founding fathers some 232 years ago, put the lives of themselves and the lives of their families on the line by signing the Declaration of Independence. They were revolutionaries, they were patriots, and to the British traitors. Yes, any one of the founding fathers who signed the Declaration of Independence if caught by the British, most likely would have been tried and hanged for treason against the British Empire.

Our founding fathers put it all on the line so that you can enjoy your barbecue and fireworks celebration in the greatest nation on earth.

Had it not been for the Declaration of Independence and the Revolutionary War fought by many brave souls two centuries ago, we would probably still be British!

Our current military and past military veterans are and continue to put it on the line so that you may continue to be free.

Freedom is never free; it is bought and paid for with the flesh and blood of brave souls. This is why it is so important that we never give up our freedoms!

Have a great Independence Day.

By California Personal Injury Lawyer Norman Gregory Fernandez, © 2008

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Highway 101 reopened after Big Rig Truck Crash in Redwood City, California

Law Office of Norman Gregory Fernandez Personal Injury NewsFour people were injured in a crash that closed all but one lane of northbound Highway 101 in Redwood City for about two hours this morning, causing traffic to back up for miles.

The accident involved a big-rig and six cars, according to CHP Officer Grace Castillo. She said those hurt were taken to Stanford Hospital with minor injuries.

The CHP said the crash occurred when the truck, traveling in the far right lane, cut across all five lanes of traffic and crashed at 9:54 a.m. between Marsh Road and Woodside Road.

As it sped across the lanes, the truck hit a gray van traveling in the far left lane. The van was then rear-ended by a Nissan Sentra, Castillo said.

At the same time, a brown Audi A4 in the next lane over rear-ended a gray pick-up truck that had slowed down to avoid the truck, Castillo said. A red Honda sedan that was also in the far left lane was rear-ended by a gold Mazda as the cars tried to avoid the wreck ahead, she said.

The collision left the cab of the truck facing northbound traffic; its two empty trailers sprawled across all but one lane of traffic and the other smashed cars littering the roadway.

About 30 gallons of diesel fuel spilled out of the truck but was cleaned up by Caltrans, Castillo said. The truck was towed away at about 11:45 p.m.

Traffic inched by in one northbound lane until about noon, when all lanes were re-opened. Northbound traffic was backed up as far as Mountain View and southbound rubber-neckers kept traffic slow through San Carlos.

Redwood City Car Accident Lawyer

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2 Are Killed In A Multi-Car Crash Near Campbell California

Law Office of Norman Gregory Fernandez Personal Injury NewsCAMPBELL, California ― A motorist crashed into several other vehicles in unincorporated Santa Clara County near Campbell on Monday, killing himself and his passenger and seriously injuring a third person, the California Highway Patrol reported.

The accident happened shortly after 1 p.m. Monday when a 51-year-old San Jose man driving a Kia Amanti north on Camden Avenue failed to stop for a red light at Curtner Avenue and sideswiped a northbound 2000 BMW that was stopped at the intersection, CHP Officer Todd Thibodeau said.

The same driver then continued north and ran a red light at the Highway 17 off-ramp, striking the rear of a 1998 Mazda and broadsiding a silver Audi station wagon, both of which had just exited the highway, Thibodeau said.

The driver of the Kia was taken to Valley Medical Center, where he later died. His passenger, an 81-year-old San Jose woman, was pronounced dead at the scene, Thibodeau said.

The county medical examiner’s office has not yet released their names.
The driver of the Audi, a 50-year-old San Jose woman, was taken to Valley Medical Center with major injuries. She was listed in critical condition.

The occupants of the two other cars were not injured, nor was the driver of a fifth vehicle who claimed his car had been hit by flying debris, Thibodeau said.

There was no immediate evidence that alcohol played a role in the crash and a coroner’s report may help determine whether the driver of the Kia suffered from a medical condition, Thibodeau said.

If your family has suffered through the wrongful death of a loved one in California, or you have been the victim of car crash in California you may call us now for a free consultation at 800-816-1529.

Campbell California Car Accident Lawyer

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1 KILLED, 3 INJURED IN SANTEE CALIFORNIA CAR ACCIDENT

Law Office of Norman Gregory Fernandez Personal Injury NewsSANTEE, CALIFORNIA – One person is dead and three others are injured after a crash that, witnesses say, may have been the result of street racing.

The crash happened Saturday morning in Santee at the intersection of Mast Boulevard and Halberns Boulevard. As a result, Mast Boulevard was closed in both directions for about two hours Saturday afternoon, while emergency crews cleaned up the site. The road has since opened, but investigators are still looking into how this tragic accident happened.

“I’m still trying to pull myself together, I do not wish that on anybody,” said Santee Resident Danielle Stratten.

Nineteen-year-old Danielle Stratten is still shaken over the accident that happened just feet from her Santee home Saturday morning.

Around 11 a.m., witnesses say two cars appeared to be racing on Westbound Mast Boulevard, when the red Dodge lost control, jumped over the median and crashed into a pick-up truck going the other direction.

Carla Stratten was one of the first people to call 911.

“The driver, I was looking at him trying to figure out if he was ok, but he was knocked out. And then I noticed in his lap that evidently another person was in the front and there was somebody in the back,” said Carla Stratten.

She also says the three people in the car appeared to be teenagers. One person was dead by the time emergency crews arrived and another was flown to Sharp Memorial Hospital. A third victim, as well as the driver of the truck, was taken by ambulance.

Neighbors say unfortunately this situation happens too often since Mast Boulevard, a major thoroughfare on the northern edge of town, is a magnet for speeders.

“There’s accidents…cars going into people’s homes, jumping curbs and sidewalks, today unfortunately, fatality,” said Santee Resident Kimberly Verdzco. “It’s troubling because that indicates there is nothing being done.”

Danielle just hopes that action is taken sooner than later.

“People need to keep in consideration this is a neighborhood, there’s kids here. You can’t do that. I’m 19-years-old and people think oh she’s young and dumb too. No I follow the rules because of this,” said Danielle Stratten.

Witnesses say the other vehicle that was allegedly racing with the Dodge Neon could have been a silver Mitsubishi Eclipse.

If you have any information, you’re asked to call the Santee Police Department.

Meanwhile, News 8 spoke with the brother of the driver in the pick-up truck.

The man says his brother was treated at a local hospital and is said to be in good condition.
If you have been injured in a car accident or truck accident in Santee, California call us now for a free consultation at 800-816-1529.

Santee Car Accident Lawyer

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7-vehicle crash stalls I-680 traffic for hours in Fremont, California

Law Office of Norman Gregory Fernandez Personal Injury NewsFREMONT, California —

Four people were hurt in a seven-vehicle crash on Interstate 680 early Thursday that involved three big rigs, one of which overturned and forced the closure of multiple lanes for several hours.

No one was seriously hurt in the pileup, which authorities say is still under investigation.

Neither drugs nor alcohol appear to be factors in the crash, which happened near Durham Road, said Officer Steve Creel of the California Highway Patrol.

Three lanes of the freeway were blocked for more than two hours after the crash. Traffic on southbound I-680 was backed up clear into Dublin.

All lanes reopened by 10:30 a.m. after emergency crews shoved the overturned rig into the center divide. It remained there for much of the day until another truck sent by the operator arrived to pick up 50,000 pounds of nonperishable food that was still in the trailer.

Crews were unloading the food by hand about 8:30 a.m. in an effort to turn the rig upright, but they stopped shortly thereafter when they realized there was nowhere to put all of the merchandise, Creel said.

The crash happened about 5 a.m. when a passenger car rear-ended a slow-moving big rig, the officer said.
A second rig swerved to avoid a collision but jackknifed. A third rig overturned as it tried to avoid hitting the passenger car involved in the initial collision, Creel said.

In all, seven vehicles were involved in three separate crashes.

“If this had been a seven-car pileup, we would have been able to clear it off the road sooner,” Creel said, noting that the overturned rig presented a bigger problem.

Four motorists were taken by ambulance to local hospitals, but their injuries were considered minor, the officer said.

Fremont Califonrnia Car and Truck Accident Lawyer

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California Ban on Use of Cell Phone Without Hand Free Begins July 1, 2008! What You Need to Know about the New Law.

california car accident lawyer discusses the new ban on driving while holding cell phonesOn July 1, after a nearly two-year grace period, a new era begins in California: holding a cell phone to your ear and talking while driving will be illegal unless it is an emergency.

In most cases, you will still be able to talk-and-drive, but you will need a hands-free device to do so such as a blue tooth headset, speakerphone set up, or a wired headset.

What Exactly is the New Law?

(1) If you are 18 or older, you are prohibited from holding a phone and talking while driving.

(2) If you are 16 or 17, the only time you can use a cell phone while driving is in an emergency only.

(3) The first offense of the cell phone law will result in a $20 ticket. Subsequent citations will result in $50 tickets. However, with court costs and penalties, the true costs of these tickets will be approximately $76 and $190, respectively.

Here is something else to think about: The new laws go into effect just days before the California Highway Patrol goes on “maximum patrol” throughout the Fourth of July weekend. This means that 80% of CHP officers will have their eyes on the road, and on you and your cell phone.

If it is illegal to hold a phone while talking, how is it possible to dial it or press a button to answer the phone or take a call, even if you talk hands-free?

This is where things may get a bit dicey because the laws are silent on these issues.

The Law basically only bans talking on the cell phone without a hands free device for non emergency calls, therefore, you are allowed to touch the phone to make a call or take one, said Mike Marando, a spokesman for the state Department of Motor Vehicles. “As long as you don’t hold the phone to carry the conversation,” he added.

Will text messaging while driving in California be illegal?

Text messaging will be illegal only for 16 and 17 year-old drivers. The law silent as to adults. I strongly recommend that no one text message while driving!

Tom Marshall, a CHP spokesman, has stated that “If you are text messaging and we see it’s affecting your driving, we can still pull you over” for distracted driving.

The offense is not distracted driving or, for example, driving with a bag of French fries in your lap. What Police actually cite you for what happens as a result of being inattentive, such as impeding traffic or an improper lane change.

Will getting a ticket for talking on a cell phone result in a higher insurance rate for motorists?

No. But there is a chance that it could eventually.

Cell phone violations will not result in any points being tacked onto your driving record — insurance carriers use those points to determine if you’re a good or bad driver. But the tickets are still on your driving record.

Darrel Ng, a spokesman for the California Department of Insurance, said that in the future, carriers might apply to the state to use tickets when setting rates, although they’d likely have to prove a correlation between getting those tickets and accident rates.

What other states have similar laws, and how are those working out?

New York was the first state to institute a hand-held ban, beginning in 2001, and Connecticut and New Jersey have followed suit.

From 2001 through 2006, police in New York issued 976,725 citations to motorists for holding their phones while driving.

Even more interesting, the number of citations has increased each year, with 285,684 tickets being given in 2006, the latest year for which numbers are available.

With more than 11.3 million licensed drivers in New York, it’s probably safe to assume that an awful lot of people are not getting caught.

What are some ways to comply with the laws without spending a lot of money?

First and foremost, learn how to use the voice recognition system that comes with most cell phones. Voice recognition usually requires users to touch only one button and then say a person’s name to make a call.

Surely the much talked-about Apple iPhone, which starts at $399, comes with voice recognition?

No, it doesn’t. It is a feature you can get with a BlackBerry phone or many standard phones.

What are some other ways to go hands-free?

There is no shortage of devices out there. Here are three easy ways to be a go hands free:

(1) Buy a cheap cell phone cradle that mounts to a vehicle’s dashboard. A conversation can then be carried on using the phone’s speakerphone function. Cost: $15 and under at automotive stores.

Tip: If your vehicle’s stereo system has an auxiliary jack, you can play your phone through the vehicle’s speakers, which makes it easier to hear.

(2) Use a headset. Most phones come with an earpiece or you can easily upgrade to a wireless bluetooth headset that syncs to your phone.

Wireless bluetooth headsets typically cost between $30 and $120, and many are available.

(3) Use a wireless speaker. These mouse-sized devices can be clipped to a sun visor and are a lesser-known alternative to the wireless earpiece. Motorola and Parrot are two prominent manufacturers.

Will the new laws prevent car or other motor vehicle accidents and/or make drivers safer?

Based upon research that I have done, the experts seem to agree that most of the problem is not the act of holding the cell phone while driving, but the distraction of talking while driving. If they are right simply holding a conversation with someone in your car is as dangerous as talking on a cell phone.

As a driver who also happens to be a car accident lawyer, I beg to differ. While driving I see many people holding their phones to their heads which hinders their ability to turn their head while driving. When I am driving my car, I dread seeing other drivers talking on cell phones because I know they are not paying attention.

I am hoping the new law will prevent car accidents but only time will tell.

California Car Accident Lawyer

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5 people killed in chain-reaction South Los Angeles, California crash

California Car Crash Lawyer Norman Gregory Fernandez discusses a South Los Angeles Car Accident.South Los Angeles, California –

A van going through an intersection barreled into a second van that had sped a red light Monday, causing a fiery six-vehicle collision that killed five people and sent several others to the hospital in critical condition.

The first vehicle hit the speeding van on one side just before 6 p.m. and “made it go airborne,” setting off a chain reaction that left three vehicles ablaze, melted a traffic signal and scattered debris across the intersection, said Karen Smith, a police spokeswoman.

“By the time the van landed,” Smith said, “it was fully engulfed in flames.”

A 12-year-old boy was ejected from a vehicle and pronounced dead at the scene, Smith said. Two other victims of the accident, in the Hyde Park neighborhood of South Los Angeles, were found burned beyond recognition inside a vehicle.

The scene was “hellacious,” said Smith.

Paramedics took 14 people to the hospital, where a 7-year-old and an adult later died of injuries and six were in critical condition, Smith said.

More than 100 firefighters responded to the scene and emergency workers set up a triage area. The identities of the passengers were not immediately released.

Earlier Monday, an SUV tumbled down a steep slope in the Hollywood Hills, killing two people and injuring three others, authorities said.

The vehicle went off the road just before 8 a.m. in Laurel Canyon, said Fire Department spokesman Brian Humphrey. The car plunged between 75 and 100 feet down a hillside and came to rest upside down against a carport.

Humphrey said a man in his 70s was trapped in the vehicle and died at the scene. A woman in her 20s died later after being rushed to a hospital, he said. Three others, including a 1-year-old boy, were taken to Cedars-Sinai Medical Center with various injuries.

Two people were thrown from the vehicle. It wasn’t immediately known who was driving or if the victims were related. The cause of the crash is under investigation.

Los Angeles Car Crash Center

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A 21 Year Old East Bay man has been killed in three-car crash in Berkeley, California

Law Office of Norman Gregory Fernandez Personal Injury NewsBerkley, California-

An Emeryville man died early this morning after he was in a three-car crash on Interstate 80 early, the Alameda County Coroner’s Office said.

Eric Fernandez, 21, was involved in a three-car collision on eastbound I-80 near Ashby Avenue around 12:05 a.m., according to the California Highway Patrol.

The crash involved a van, sedan and an undisclosed vehicle, the CHP said.

CHP reports say that Fernandez was initially trapped after the accident, and once he was freed by emergency personnel he was taken to a local hospital, where he died.

If you or a loved one has been in a car accident in the San Francisco Bay Area, including Berkeley and the East Bay, you will want to talk to an expert car accident lawyer about your car accident case. You may give us a call at 800-816-1529 7 days a week, 24 hours a day for a free legal consultation or check out the California Personal Injury Center by clicking here now.

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California Products Liability Law; “The Sophisticated User Doctrine;” is now the Law of California.

California Personal Injury LawyerThe California Supreme Court has given additional protections to manufacturers who have been sued for defective products or failure to warn in products liability.

Following the lead of other state and federal courts, California courts will now apply the “sophisticated user” doctrine.
Under this doctrine, a manufacturer cannot be held liable when it fails to warn specialists about a product’s dangers when those dangers should be well known to such sophisticated users.

William Johnson is a certified HVAC technician who had received extensive training in the field of air conditioning repair. In particular, he had been certified by the EPA to work on large commercial air conditioning systems. Johnson filed suit against American Standard, air conditioner manufacturers, and various chemical manufacturers and suppliers after he developed pulmonary fibrosis. Johnson contended that the disease resulted from his exposure to phosgene gas. Large air conditioning systems commonly use R-22, a hydrochlorofluorocarbon refrigerant that, when exposed to light or flame, can decompose into phosgene gas. Johnson claimed that while maintaining and repairing air conditioning systems, he brazed refrigerant lines and was thereby exposed to phosgene gas. The trial court granted summary judgment in favor of the manufacturer, and the court of appeal affirmed, holding that the manufacturer did not have a duty to warn a sophisticated user like Johnson of such dangers which were well known in the industry.

In Johnson v. American Standard, Inc., 179 P.3d 905 (Cal. 2008), the California Supreme Court agreed. The court adopted the sophisticated user doctrine, concluding that normally, there is no duty to warn professionals about commonly known hazards. This doctrine is an exception to the general duty a manufacturer has to warn consumers about potential risks and dangers. According to the court, “just as a manufacturer need not warn ordinary consumers about generally known dangers, a manufacturer need not warn members of a trade or profession (sophisticated users) about dangers generally known to that trade or profession.” In reaching this determination, the court cited decisions by other state courts, as well as federal cases, adopting the doctrine. The court also made it plain that the sophisticated user doctrine applies equally in strict liability and negligent failure to warn cases.

The court also rejected Johnson’s contention that even though he received training and held certifications, he did not remember hearing or reading about the dangers of phosgene. According to the court, “even if a user was truly unaware of a product’s hazards, that fact is irrelevant if the danger was objectively obvious.” The decision in American Standard will certainly make it more difficult for sophisticated consumers to hold manufacturers liable under a failure to warn theory.

Full opinion text: http://www.courtinfo.ca.gov/opinions/documents/S139184.PDF

I can say without a doubt that I do not agree with this opinion, and that the Sophisticated User Doctrine will probably be used and/or applied to many legitimate products liability cases here in California.

As it stands right now, I have observed the Courts use the doctrine of Primary Assumption to bar meritorious and legitimate cases that do not or should not fall within that doctrine to get rid of cases, I am sure the sophisticated user’s doctrine will be used the same way.

Will drivers of cars be considered sophisticated users simply because they have been driving a long time? Would such a doctrine be used to get rid of cases such as the Ford rollover cases?
Time will tell!

California Products Liability Center

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30 Workers Treated After Farm Labor Bus Crash Near Fresno, California

Law Office of Norman Gregory Fernandez Personal Injury NewsTwo days after a farm labor bus carrying 36 workers overturned on Highway 33 south of Mendota, the California Highway Patrol updated the number of people treated for injuries.

About 30 people were taken to four hospitals or sought treatment on their own, said Sgt. Robert Brunell of the CHP office in Coalinga.

The CHP said Tuesday that four men were taken to hospitals by ambulance. Jose Andres Pena, 28, of Avenal, who suffered moderate injuries, was the most seriously hurt. He and Jose Richard Reyes, 24, of Mendota, who had minor injuries, were taken to Community Regional Medical Center in Fresno.

Jose A. Gonzales, 49, of Huron and Jose Guzman Sanchez, 21, of Firebaugh were taken to Madera Community Hospital for minor injuries.

Brunell said the other passengers had minor injuries. Eight were transported by ambulance, and 10 were taken on another farm labor bus to four different hospitals. About six people sought their own treatment, Brunell said.

The accident happened when a bus driven by Juan Filorio, 51, of Winterhaven drifted onto the northbound shoulder of Highway 33 north of Lincoln Avenue. Filorio attempted to get back on the roadway, but overcorrected and the bus overturned, the CHP said.

Fresno Personal Injury Center

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Politicizing the Cost of Health Care by Blaming Trial Lawyers; What a Load of Crap!

California Medical Malpractice Lawyer Norman Gregory Fernandez Discusses Medical MalpracticeYou have heard President Bush blame trial attorneys for the cost of health care being so high; you have heard a certain political party blame trial attorneys for the cost of health care being so high, and now another article is circulating on the Internet blaming trial attorneys for the cost of health care being so high. What you are hearing folks is flat out crap. It is time to air out the truth and call the B.S. for what it is; B.S.

We trial lawyers help personal injury victims including victims of medical malpractice, when nobody else will. We are usually the last and only recourse for persons who have been harmed. Do you think that a doctor, hospital, or other health care institution is going to just volunteer to compensate you for your losses?

What is Medical Malpractice? Medical Malpractice in a nutshell is a person suffering injuries or damages, as a result of a doctor or health care institutions failing to act as an ordinary professional in the community would. In other words, the doctor, hospital, or provider, causes you injuries by screwing up, usually with devastating results!

As we all know or should know, human beings are not perfect, and will sometimes make mistakes. Just like most commuters buy car insurance to protect themselves in case they screw up, doctors do the same thing.

It is not the fault of personal injury trial lawyers for a doctor or hospitals, screw-up, and it certainly is not the victims fault. We personal injury lawyers are the ones that go to bat for people who have been injured as a result of a doctor or hospital screw-up. It is our jobs and it is what we do. We help the victims to obtain compensation for their loss.

How could we be the ones who are responsible the high cost of medical care? In fact it is the insurance companies who are responsible for the high cost of medical malpractice insurance. I would like to think that the cost of malpractice insurance is based upon risk, but we all know the insurance companies exist to make a profit and that is it.

Now I like doctors, we all like doctors. They are the ones we turn to when we are sick. They make mistakes just like the rest of us, and they should be made to pay if lets say they cut off the wrong leg, fail to diagnose a serious condition, or leave tools in a patient after surgery. You get the picture.

With that being said, maybe doctors should adopt more stringent guidelines to discipline and police themselves, so that the bad doctors are weeded out. Maybe that will decrease their malpractice insurance rates.

California has had a cap of $250,000.00 on general damages for medical malpractice cases since the 1970’s. General Damages are damages such as pain and suffering, loss of enjoyment of life, emotional distress, etc. Imagine only being able to get a maximum of $250,000 if a doctor cuts off the wrong leg, or fails to diagnose a cancer that would have been curable it caught in time, etc. Victims are still entitled to out of pocket losses.

So there it is. The cost of health care is through the roof. If anything it is greed that is driving up the cost. If universal health care was adopted, then maybe our nation would see some relief.

By Norman Gregory Fernandez, Esq., © 2008

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A Carpinteria woman suffered major injuries when her car went down an embankment.

Law Office of Norman Gregory Fernandez Personal Injury NewsCARPINTERIA, California

The CHP says a Volkswagen Jetta driven Penelope Ayala, by crashed on the off ramp to Sheffield Drive from the northbound Highway 101 in Summerland at about 1:45 p.m., April 7, 2008.

CHP Officers stated that the car swerved from side to side, ran off the roadway, and fell 30 feet, landing on its roof. It then slid until it hit a tree.

The driver had to be extricated from the vehicle. She was then taken to Cottage Hospital for her injuries.

California Personal Injury Center

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Where My Law Firm Handles Personal Injury Cases In California.

California Personal Injury Lawyer, Norman Gregory Fernandez, Esq.My firm handles personal injury cases in the following cities and counties thoughout California.

Southern California, Central California, Northern California, 29 Palms, Adelanto, Agoura Hills. Alameda, Albany, Alhambra, Aliso Viejo, Alturas, Amador City, American Canyon, Anaheim, Anderson, Angels Camp, Antioch, Apple Valley, Arcadia, Arcata, Arroyo Grande, Artesia, Arvin, Atascadero, Atherton, Atwater, Auburn, Avalon, Avenal, Azusa, Bakersfield, Baldwin Park, Banning, Barstow, Beaumont, Bell, Bell Gardens, Bellflower, Belmont, Belvedere, Benicia, Berkeley, Beverly Hills, Big Bear Lake, Biggs, Bishop, Blue Lake, Blythe, Bradbury, Brawley, Brea, Brentwood, Brisbane, Buellton, Buena Park, Burbank, Burlingame, Calabasas, Calexico, California City, Calimesa, Calipatria, Calistoga, Camarillo, Canoga Park, Canyon Lake, Capitola, Carlsbad, Carmel-by-the-Sea, Carpinteria, Carson, Cathedral City, Century City, Ceres, Cerritos, Chatsworth, Chico, Chino, Chino Hills, Chowchilla, Chula Vista, Citrus Heights, Claremont, Clayton, Clearlake, Cloverdale, Clovis, Coachella, Coalinga, Colfax, Colma, Colton, Colusa, City of Commerce, Commerce, City of Industry, Compton, Concord, Corcoran, Corning, Corona, Corona Del Mar, Coronado, Corte Madera, Costa Mesa, Cotati, Covina, Crescent City, Cudahy, Culver City, Cupertino, Cypress, Daly City, Dana Point, Danville, Davis, Del Mar, Del Rey Oaks, Delano, Desert Hot Springs, Diamond Bar, Dinuba, Dixon, Dorris, Dos Palos, Downey, Duarte, Dublin, Dunsmuir, East Los Angeles, East Palo Alto, El Cajon, El Centro, El Cerrito, El Monte, El Segundo, Elk Grove, Emeryville, Encinitas, Escalon, Escondido, Etna, Eureka, Exeter, Fairfax, Fairfield, Farmersville, Ferndale, Fillmore, Firebaugh, Folsom, Fontana, Fort Bragg, Fort Jones, Fortuna, Foster City, Fountain Valley, Fowler, Fremont, Fresno, Fullerton, Galt, Garden Grove, Gardena, Gilroy, Glendale, Glendora, Goleta, Gonzales, Grand Terrace, Grass Valley, Greenfield, Gridley, Grover Beach, Guadalupe, Gustine, Half Moon Bay, Hanford, Hawaiian Gardens, Hawthorne, Hayward, Healdsburg, Hemet, Hercules, Hermosa Beach, Hesperia, Hidden Hills, Highland, Hillsborough, Hollister, Hollywood, Holtville, Hughson, Huntington Beach, Huntington Park, Huron, Imperial, Imperial Beach, Indian Wells, Indio, Industry, Inglewood, Ione, Irvine, Irwindale, Isleton, Jackson, Kerman, King City, Kingsburg, La Canada Flintridge, La Habra, La Habra Heights, La Mesa, La Mirada, La Palma, La Puente, La Quinta, La Verne, Lafayette, Laguna Beach, Laguna Hills, Laguna Niguel, Laguna Woods, Lake Elsinore, Lake Forest, Lakeport, Lakewood, Lancaster, Larkspur, Lathrop, Lawndale, Lemon Grove, Lemoore, Lincoln, Lindsay, Live Oak, Livermore, Livingston, Lodi, Loma Linda, Lomita, Lompoc, Long Beach, Loomis, Los Alamitos, Los Altos, Los Altos Hills, Los Angeles, Los Banos, Los Gatos, Loyalton, Lynwood, Madera, Malibu, Mammoth Lakes, Manhattan Beach, Manteca, Maricopa, Marina, Martinez, Marysville, Maywood, McFarland, Mendota, Menlo Park, Menifee, Merced, Mill Valley, Millbrae, Milpitas, Mission Viejo, Modesto, Monrovia, Montague, Montclair, Monte Sereno, Montebello, Monterey, Monterey Park, Moorpark, Moraga, Moreno Valley, Morgan Hill, Morro Bay, Mount Shasta, Mountain View, Murrieta, Napa, National City, Needles, Nevada City, Newark, Newman, Newport Beach, North Hills, North Hollywood, Norco, Northridge, Norwalk, Novato, Oakdale, Oakland, Oakley, Oceanside, Ojai, Ontario, Orange, Orange Cove, Orinda, Orland, Oroville, Oxnard, Pacific Grove, Pacifica, Palm Desert, Palm Springs, Palmdale, Palo Alto, Palos Verdes Estates, Paradise, Paramount, Parlier, Pasadena, Paso Robles, Patterson, Perris, Petaluma, Pico Rivera, Piedmont, Pinole, Pismo Beach, Pittsburg, Placentia, Placerville, Pleasant Hill, Pleasanton, Plymouth, Point Arena, Pomona, Port Hueneme, Porterville, Portola, Portola Valley, Poway, Rancho Cordova, Rancho Cucamonga, Rancho Mirage, Rancho Palos Verdes, Rancho Santa Margarita, Red Bluff, Redding, Redlands, Redondo Beach, Redwood City, Reedley, Reseda, Rialto, Richmond, Ridgecrest, Rio Dell, Rio Vista, Ripon, Riverbank, Riverside, Rocklin, Rohnert Park, Rolling Hills, Rolling Hills Estates, Rosemead, Roseville, Ross, Sacramento, Salinas, San Anselmo, San Bernardino, San Bruno, San Buenaventura, San Carlos, San Clemente, San Diego, San Dimas, San Fernando, San Fernando Valley, San Francisco, San Gabriel, San Gabriel Valley, San Jacinto, San Joaquin, San Jose, San Juan Bautista, San Juan Capistrano, San Leandro, San Luis Obispo, San Marcos, San Marino, San Mateo, San Pablo, San Rafael, San Ramon, Sand City, Sanger, Santa Ana, Santa Barbara, Santa Clara, Santa Clarita, Santa Cruz, Santa Fe Springs, Santa Maria, Santa Monica, Santa Paula, Santa Rosa, Santee, Saratoga, Sausalito, Scotts Valley, Seal Beach, Seaside, Sebastopol, Selma, Shafter, Shasta Lake, Sierra Madre, Signal Hill, Simi Valley, Solana Beach, Soledad, Solvang, Sonoma, Sonora, South El Monte, South Gate, South Lake Tahoe, South Los Angeles, South Pasadena, South San Francisco, St. Helena, Stanton, Stockton, Studio City, Suisun City, Sunnyvale, Susanville, Sutter Creek, Taft, Tarzana, Tehachapi, Tehama, Temecula, Temple City, Thousand Oaks, Tiburon, Torrance, Tracy, Trinidad, Truckee, Tulare, Tulelake, Toluca Lake, Turlock, Tustin, Twentynine Palms, Ukiah, Union City, Upland, Vallejo, Valley Village, Van Nuys, Ventura, Vernon, Victorville, Villa Park, Visalia, Vista, Walnut, Walnut Creek, Wasco, Waterford, Watsonville, Weed, West Covina, West Hills, West Hollywood, West Sacramento, West Carson, West Los Angeles, Westlake Village, Westminster, Westmorland, Wheatland, Whittier, Williams, Willits, Willows, Windsor, Winnetka, Winters, Woodlake, Woodland, Woodland Hills, Woodside, Yorba Linda, Yountville, Yreka, Yuba City, Yucaipa, Yucca Valley, Alameda County, Alpine County, Amador County, Butte County, Calaveras County, Colusa County, Contra Costa County, Del Norte County, El Dorado County, Fresno County, Glenn County, Humboldt County, Imperial County, Inyo County, Kern County, Kings County, Lake County, Lassen County, Los Angeles County, Madera County, Marin County, Mariposa County, Mendocino County, Merced County, Modoc County, Mono County, Monterey County, Napa County, Nevada County, Orange County, Placer County, Plumas County, Riverside County, Sacramento County, San Benito County, San Bernardino County, San Diego County, San Francisco County, San Joaquin County, San Luis Obispo County, San Mateo County, Santa Barbara County, Santa Clara County, Santa Cruz County, Shasta County, and Sierra County.

California is a very big State with many different cities and counties as you can see. If you have been the victim of a personal injury in any of the above cities or counties, give me a call at 800-816-1529 for a free consultation!

By Norman Gregory Fernandez, Esq., © 2008

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