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Archive for the ‘Personal Injury Law’ Category

May 30th, 2012 by koalaweb

Red Light Cameras are found to be Unconstitutional in Florida Judge Ruling


Not only did a man in Pasco County, Florida feel it was wrong for his license plate to be taken by a traffic camera placed to catch people running red lights, but he also felt it was wrong constitutionally. A judge has given a ruling that backs up Thomas Filippone.  “This is a matter of unalienable  rights”, said personal injury lawyer, Michael Ehline, a California lawyer who deals with traffic incidents.  “Let’s hope it happens in LA as well” said Ehline.

As reported by the Tampa Bay Tribune, a $158 traffic ticket was given to Filippone that he is refusing to pay. He also plans to start being extra careful at red lights:

Ehline agrees with Filippone, 45,  who feels that under the law, it is their [govt's] duty to prove the identity of the person driving the vehicle. He states his 2002 Nissan Altima had just crossed the intersection an instant before the light changed to red on April 15. Filippone feels it is an unjust how the burden of proving the case is shifted to his shoulders. When Filippone brought his case before Pasco County Judge, Anne Wansboro, she not only agreed but also dismissed the case. Judge Wansboro stated the way the burden of proof is shifted to the defendant from the use of the cameras is impermissible. She states the use of the cameras is unconstitutional and does not warrant due process.

The case however is not entirely closed. According to the Tribune a motion has not been filed to remove the traffic camera and they are still in place. (King George would be proud.) Appeals against the decision made by Wansboro will also be filed by some city officials in the county. City Manager, Tom O’Neill, states that they are not in agreement of the judge’s decision. He also stated there was no notification of a constitutional challenge given to the city about the cameras on two red lights located on U.S. 19. The position of the city officials is they were not given due process, which eliminated their opportunity to speak.

Joe Poblick, Port Richey city attorney, said the Florida Attorney General’s Office have been notified of the judge’s ruling. Any time the statutes of a state are an issue of constitutionality, it is a requirement to notify the attorney general. The cameras are still being used; however the proceedings are being closely watched as they go through the appeals process by city officials of other counties in Florida. Filippone believes the Pasco ruling stands, and it’s doubtful he’ll get anymore red light tickets. He also plans to fight another ticket regarding the very same issue using the ruling.  “If SEIU govt employees want to keep milking taxpayers, they will have to do it another way, said personal injury lawyer Michael Ehline of Ehline Law Firm PC.”

Sources:

http://www.theblaze.com/stories/florida-judge-ruling-finds-red-light-cameras-unconstitutional/

April 12th, 2012 by koalaweb

Wrongful Lawsuit Filed Against Morningside Recovery

April 11, 2012 – According to reports, the parents of a 20 year old man that died while in the care of Morningside Recovery have filed a wrongful Death lawsuit. A wrongful lawsuit was filed in the Orange County Superior Court by the family of a 20 year old man against the Morningside Recovery and First House Detox.

The 20 year old man, identified as Brandon Jacques died while in their care from complications of bulimia, according to the lawsuit. Jacques was at Newport Beach facility in March 2011 and was transferred to the Costa Mesa rehab clinic and within days died of cardiac arrest.
The wrongful death lawsuit that was filed March 29th is the latest in problems for Morningside Recovery.

The facility according to California Department of Drug and Alcohol Programs, Suzi Rupp was ordered by the state to on November 1st to shut down its residential rehab programs. The facility is also in a legal battle with the city of Newport Beach over code and zoning violations. Rupp said the agency has started proceedings to revoke Morningside’s license, after finding evidence they were careless with prescription drugs.

The wrongful death lawsuit by Jaques family, including his mother, father and sister from Missouri, there are nine other lawsuits that have been filed by former patients of Morningside Recovery and their families.

February 9th, 2012 by koalaweb

Poisoning, Led by Drug Poisoning, Is Now #1 Cause of Death from Injuries

According to information recently released by the Centers for Disease Control (CDC), poisoning has become the number one cause of accidental death in the United States, exceeding for the first time the rate of car accident deaths in this country. While cars in this country have gotten safer and safer, leading to record-low car accident deaths, pharmaceutical drugs have gotten more and more dangerous. Now is the time for pharmaceutical companies, legislators, and drug injury attorneys to follow the example of their colleagues in the auto industry and work to increase drug safety for all our sakes.

Drug injury deaths are symptomatic of dangerous trends in the drug industry. These deaths have increased more than sixfold, jumping from just 6100 in 1980 to 36,500 in 2008, and in the last decade, from 1999 to 2008, the drug injury rate has more than doubled for women, non-Hispanic whites and non-Hispanic American Indians. Much of this increase in accidental drug deaths is due to increases in deaths related to opioid painkillers, which rose from only about 4000 in 1999 to 14,800 in 2008. These painkillers now account for 40% of all drug poisoning deaths, up from about 25% of all such deaths in 1999.

The rise in deaths associated with opioid painkillers is partly caused by the misuse of strong synthetic opioids, such as fentanyl. These painkillers are known to be dangerous, with a high risk of addiction, overdose, and death, so they are approved only for use in patients grappling with the pain of terminal illness, such as cancer. However, like many medications in the modern drug market, opioid painkillers are promoted, overtly or covertly, for off-label use. In the case of synthetic opioid painkillers such as fentanyl, off-label uses account for nearly 90% of prescriptions written.

One common off-label use for synthetic opioid painkillers is back pain, and it is likely no coincidence that the group most likely to suffer back pain, men aged 40-54, is also the group most likely to suffer poisoning death by synthetic opioid painkillers.

If you have lost a loved one due to drug poisoning, it may be the result of improper practices by the drug manufacturer. Filing a lawsuit against manufacturers is about more than getting compensation–no amount of money can make up for your loss–it is about punishing those responsible and ensuring that other families will not have to suffer as you have suffered.

To learn about your legal options in a pharmaceutical injury case, please contact Pennsylvania drug injury attorney Steven G. Wigrizer at the Philadelphia personal injury law firm of Wapner, Newman, Wegrizer, Brecher & Miller for a free case evaluation today.

The main Wapner Newman office in Philadelphia is located at 2000 Market Street Suite 2750 Philadelphia,PA 19103. They can be reached at 800-529-6600.

February 4th, 2012 by koalaweb

Utilizing Functional MRI’s to Diagnose Traumatic Brain Injury

Just flew in from Florida. I was shocked at all the crazy drivers out there. I was thinking to myself, Gawd, if I got hurt and suffered a head injury, who would myself, or my partner call? So I Googled “Florida brain injury attorney” ( presently first page in Google), and read about a great Florida traumatic brain injury attorney law firm call Dolman Law Firm. This is what I was able to extrapolate from their awesome legal website: The diagnosis and treatment of traumatic brain injuries is a rapidly developing and fluid field of both medicine and the law. Please follow my blog both on this site and at www.dolmanlaw.com to learn more about the ever evolving area of medicine concerning closed head injuries and traumatic brain injuries as well as how this is affecting plaintiff lawyers who seek to demonstrate such injuries to juries throughout the State of Florida.? I recently blogged about the diffuse tensor imaging (DTI) and susceptibility weighted imaging as diagnostic studies that can detect diffuse axonal injuries and other brain related trauma. DTI and SWI have become attractive options to both medical practitioners and brain injury lawyers as they often illustrate pathology unseen on a plan static brain MRI.

Functional MRI’s take the diagnosis of brain trauma and closed head injuries one step further. In fact functional MRI’s (hereinafter referred to as “FMRI”) provide the unique perspective of displaying brain activity while performing specific activities as compared to at rest. When an individual performs certain cognitive tasks, this triggers the flow of blood to specific areas of the brain. In turn, this helps create a map of the brain’s activity and enables Radiologists and Neurologists to determine which areas of the brain are damaged and to what extent. Further, this allows the physician to obtain a stronger grasp of the patients’ clinical presentation. It is one thing to identify pathology on a diagnostic study. In contrast, FMRI allows the medical practitioner to see how the pathology affects the patient while performing objective tests.

The potential for this diagnostic study is exciting. As a traumatic brain injury attorney and Florida civil trial attorney, it is my job to illustrate the nature and extent of my client’s injuries. When representing a victim of a brain injury, it is essential that I am readily display to the jury the “hidden injury” my client has sustained. In other words, my clients who have suffered a traumatic brain injury often appear completely healthy. They can often walk and talk with ease and the symptoms may be very subtle in nature. However, even very subtle changes in the structure of the brain including but not limited to diffuse axonal injury can cause substantial changes to the victim’s personality and cognitive changes as well that may manifest with difficulty staying on task, memory loss, irritability among many other conditions.

I will continue to blog in the very near future about other issues concerning closed head injuries and brain trauma. In addition, I will be excited to report back my experiences with presenting this exciting new study before a jury in a Florida courtroom over the coming months.

February 4th, 2012 by koalaweb

Cruise Ship Tips That Can Keep Passengers Safer

The sinking of the Costa Concordia is a good reason that passengers should think safety, before embarking on a luxury ship that the captain and crew might not have the passengers best interest or safety in mind. Cruise ship passengers might be rethinking their plans, but for the passengers that are determined they will not let this disaster ruin their plans using these tips should keep them safer:
Read the papers you are signing carefully and know what rights you could be giving up.
Register to be a STEP traveler, which means registering with the U.S. Department of State’s free Smart Traveler Enrollment Program. This will enable them to assist you better if an emergency arises.
Have copies of your passport, scan it and safe it in your email, where you will have access to it, in case it is lost or stolen. Make a copy and give it to a relative or friend for safe keeping and where you can get the copy if needed. This will make it easier if the passport needs to be replaced. In some cases the cruise ship officials will hold the passengers passport, rather than you keeping it. This allows them to get through customs in different countries in Europe.
Review your current insurance or consider getting travel insurance. It is important to know that your current insurance will cover health concerns or injuries outside of the United States. This will ensure not having medical bills that could be financically shattering if medical care becomes necessary.
Travel insurance is something that the cruise ship passenger should consider, this will help to cover trip interruptions, baggage delay or loss and medical expenses if you should be in ill health or injured. When purchasing this type of policy it is important to see what the company does to help, when the policy needs to be used.

Ehline Law Firm PC Bakersfield


If you need medical care while onboard the luxury liner, call your own physician, so that they can discuss your medical treatment with the ship’s medical officer. This allows the ships physician to know more about your medical history and your personal doctor having a say in your medical treatment.
Carry medications that are prescribed to you, do not leave them in the cabin, keep them on your person, while onboard the ship. This will enable you to provide the ships medical personnel with the medications you are currently taking.
Realize your physical limitations, passengers have many types of activities they can join in and it is important to not attempt something that is too physically challenging.
Take the safety instructions for passengers seriously; the muster drill that passengers attend will instruct them of the evacuation plans in case there is an emergency. This is crucial to staying safe in an emergency, pay close attention.
In the event of an emergency, stay calm, put your life jacket on and proceed to your muster station. Take this seriously; do not stop along the way for any reason.
Check travel warnings prior to leaving, this will advise of unsafe conditions.
Once aboard the cruise ship, check the weather conditions and expected conditions if going scuba diving, snorkeling or any other activity of this nature. Do not depend on the ship’s crew or anyone else to be accurate about weather conditions that could be dangerous.
When visiting ports check their safety and the “no-go” area before embarking on the adventure. Avoid the areas that are considered “no-go”, these areas can place the passenger in danger.
One of the ways to stay safe when going off the luxury liner when in a port is to ask the cruise director of known dangers or areas that should be avoided. They are legally obligated to tell passengers.
Travel in a group or at least two or more people to stay safer. Do not do things you would normally not in your own city, such as share a taxi-cab with a stranger, even if it would make the ride cheaper by splitting the fare. It is better to be safe, than to save a few dollars.
Tours on cruise ships should be done with extreme caution, especially high-risk activities. Do not book tour excursions from scalpers that stand outside the port, if placing your own independent tour, research the company and read the reviews by people that have used them. The cruise lines have vendors that they use, which have popular tours and have been vetted by the cruise line.
At the start of the tour or any activity, there will be a safety talk that you should pay close attention too. This will prepare you in what to do if an emergency arises.
Avoid drawing attention by people onboard the ship or while on a tour at port, do not drink too much, do not wear expensive jewelry, do not carry expensive cameras and other items. Do not flash large amounts of cash, divide up your cash so that when paying for something there is only a small amount taken out of a pocket, wallet or purse.
Do not allow other passengers in your cabin, unless they are traveling with you. People you meet on the cruise can seem friendly and in most cases are just that, but there is no background check of people that buy cruise ship tickets. Every year there are statistics that show passengers can be robbed and physically or sexually assaulted. This rule also needs to apply to crew members on the ship. Last but not least, if you were injured in a cruise accident, contact the Costa Concordia cruise ship accident attorneys at Ehline Law Firm PC. 633 West Fifth Street 28th Floor, Los Angeles, CA 90071. 213.596.9642.

January 31st, 2012 by koalaweb

Man Struck and Killed Santa Ana Hit and Run by Two Drivers Identified

January 30, 2012 – Yes. According to reports a man that was fatally injured when struck by two hit and run vehicles has been identified. According to Santa Ana Police Department Cmdr. Tammy Franks the accident occurred Saturday at approximately 8:40 p.m. in the 400 block of South Broadway in the vicinity south of Chestnut Avenue.

Cmdr. Franks said the double hit and run occurred when the victim identified as Jose Javier Diaz age 55 was crossing the eastbound lanes of Broadway Street. Diaz was not in a designated crosswalk and was struck by a white Chevy truck that was traveling northbound, causing Diaz to be thrown into the southbound lane. The pickup truck left the scene, leaving Diaz in the street. Between two and four minutes later was acting erratic and walking in the street when he was struck by a green Ford Mustang convertible.

The driver of the Mustang also drove away after hitting the 55 year old man, according to Santa Ana police. This was a public service message from the Santa Ana personal injury attorneys.

January 30th, 2012 by koalaweb

Bakersfield Personal Injuries Require the Right Representation

Guest speaker, Michael Ehline of Ehline Law Firm PC discusses Bakersfield law. He says Bakersfield personal injuries require the right representation that will include an attorney that specializes in this area of the law. This is important, since many personal injuries are caused by the negligence of another person. These are injuries that occur due to the careless or reckless driver that hits another vehicle, a pedestrian, a bicyclist or motorcyclist, causing serious injuries.

Bakersfield Personal Injuries Include Defective Products, and Roadway Defects

This can also be an injury that is suffered due to a defective product, part or design and it can include road defects that the roadway agency is responsible. The injuries that can occur can be severe in a personal injury accident and include injuries that can even be fatal in some cases. These injuries include traumatic brain injuries, spinal cord injuries, sever neck and back injuries, broken or fractured bones, severe gashes and cuts.

Personal Injury Defined

The definition of a personal injury is an injury that is suffered due to another person’s actions or inactions that could have been avoided if they had acted differently and result in bodily injury. In personal injury law and personal injury settlements it is important to have personal injury protection and that means the Bakersfield personal injury attorney that has experience.

The Bakersfield personal injury attorney has a built in personal injury calculator, because this is their area of the law and they know that not all injuries are the same. Some injuries are able to heal within days, where others can take months or never completely heal and these injuries are ones that the medical costs can be way more than the injured victim can ever financially handle. This is why it is important to have the experienced personal injury lawyer, who will investigate the accident that resulted in injuries to hold all the negligent parties responsible and to go up against the insurance companies that do not want to offer a fair settlement.

This is the injured victim’s personal injury insurance, having the experienced and skilled litigation expert, when they are represented by the Bakersfield attorney personal injury expert. The law limits the time that a personal injury claim can be filed and this is something that would mean by waiting it is possible the negligent party will not be held responsible or their insurance company, but with the representation of the experienced personal injury attorney this will not be an issue.


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If you were injured, contact Ehline Law Firm PC at 4900 Tower Way, Bakersfield, CA 93309 (661) 846-2775; (888) 400-9721. ?