ORANGE COUNTY PERSONAL INJURY NEWS » Legal News http://www.purcell-law.com/blog Current Accident Law News Mon, 15 Feb 2010 19:53:26 +0000 http://wordpress.org/?v=2.9.1 en hourly 1 Toyota Announces Massive Recall http://www.purcell-law.com/blog/2010/01/legal-news/25/toyota-announces-massive-recall/ http://www.purcell-law.com/blog/2010/01/legal-news/25/toyota-announces-massive-recall/#comments Mon, 25 Jan 2010 19:30:49 +0000 admin http://www.purcell-law.com/blog/?p=131 In August, we reported that Toyota was subject to a federal racketeering lawsuit after the company was accused of hiding evidence of dangers from SUV rollover lawsuits. Now the company is in more hot water after it has announced a major recall of cars that may have sticking accelerators –leading to uncontrollable acceleration that cannot be stopped. Originally, the company tried to claim that the issue was simply due to a floor mat problem, and they asked 4.2 million drivers of their vehicles to remove their mats as a temporary solution.

New evidence has arisen that the cars can be subject to this defect, even with the floor mats have been removed. As a result, the company was forced to recall over 2.3 million cars on the road including many of their most popular models, such as Camrys, Carollas, Tundras and Avalons.

The problem first reached national attention after a fatal accident in California resulted from the accelerator problem. In the tragic accident, the driver and his family were killed after the Lexus they were driving sped up to 120 miles per hour. Witnesses say the tires were on fire as the driver tried to stop the car before it plowed into an SUV, flew off the freeway, rolled over multiple times and caught on fire. Their is no word yet as to whether the family of the victims has spoken to an Orange County accident attorney to discuss suing Toyota for the defect.

To read more about the recalls, see the article on About Lawsuits. Image via d3ims [Flickr].

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Schwarzenegger’s Job Creation Plan Includes Lawsuit Reform http://www.purcell-law.com/blog/2010/01/legal-news/11/schwarzeneggers-job-creation-plan-includes-lawsuit-reform/ http://www.purcell-law.com/blog/2010/01/legal-news/11/schwarzeneggers-job-creation-plan-includes-lawsuit-reform/#comments Mon, 11 Jan 2010 18:29:59 +0000 admin http://www.purcell-law.com/blog/?p=119 Arnold announced his five-point plan for economic recovery last week, which involved a surprising amount of tort legislation reform proposals including caps on punitive damages, emotional trauma rewards and other forms of compensation available to accident victims in California.

“California’s current litigation laws lead to large settlements with little value to consumers but become worth millions to lawyers at the expense of California businesses,” the Governor said. “Current statutes also impede growth by holding businesspersons liable for defective products — even if the seller had no knowledge or control over the defect — and allowing for punitive damage awards that are wildly unpredictable among similar cases.”

While many experts, including Orange County injury attorneys, believe the chances of Arnold getting these measures passed in the legislature because they will be too bogged down with other duties this year, the California Citizens Against Lawsuit Abuse is sure to push the state government to reconsider their prioritization of these measures. One Democratic campaign consultant, Bill Wong, says he doubts the governor’s push to limit corporate responsibility through lawsuits would go over very well with California voters.

To read more about the proposal, see the article in Legal News Line.

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Courts Struggle to Evaluate The Value of Pets http://www.purcell-law.com/blog/2009/12/legal-news/21/courts-struggle-to-evaluate-the-value-of-pets/ http://www.purcell-law.com/blog/2009/12/legal-news/21/courts-struggle-to-evaluate-the-value-of-pets/#comments Mon, 21 Dec 2009 19:01:38 +0000 admin http://www.purcell-law.com/blog/?p=101 Most states have rules establishing who can sue for emotional distress after a victim’s death and which actions can result in these types of damages. In a recent California case, the court of appeals refused to place any value on the loss of a pet dog, other than the monetary value of the dog itself. The court also refused to allow the family to claim compensation for loss of companionship.

In other courts however, dogs have been given more value in recent years. An Oregon decision said that an owner may claim damages if he can “prove [a dog’s] special value to him by showing its qualities, characteristics and pedigree . . . .”

Louisiana, Texas, Illinois and Florida all recognize the value a pet may have to his owners, and as times change, it seems more states may become open to this concept. Orange County personal injury attorneys hope that eventually, even California may change its ways.

In Vermont, a case is coming up before the state’s supreme court to decide if Denis and Sarah Scheele can claim emotional distress compensation from the person who shot and killed their dog. “We’re still working toward having the courts recognizing the true value of companion animals. They’re members of the family, not mere property,” Sarah Scheele said.

To read more about these important issues, see the articles on Oregon Animal Law and Sphere. Image Via Tambako The Jaguar [Flickr].

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Pop Singer Brandy Settles Wrongful Death Lawsuit http://www.purcell-law.com/blog/2009/11/legal-news/16/pop-singer-brandy-settles-wrongful-death-lawsuit/ http://www.purcell-law.com/blog/2009/11/legal-news/16/pop-singer-brandy-settles-wrongful-death-lawsuit/#comments Mon, 16 Nov 2009 21:30:15 +0000 admin http://www.purcell-law.com/blog/?p=70 ubrayj02The final lawsuit relating to a 2006 car accident involving pop star Brandy has finally been settled in a Los Angeles court this week. The singer/actress caused the four car pile up on Sepulveda Boulevard when she rear-ended Awatef Aboudihaj while going 65 miles per hour. The crashed caused a domino effect, which resulted in three wrongful death lawsuits and one personal injury case.

This last lawsuit, involving compensation to Aboudihaj’s parents, is the final settlement the pop star will go through after the event. While the terms of this settlement are unknown, Orange County personal injury attorneys report that the final award given to Aboudihaj’s children came out to $300,000 each.

To learn more about the accident see the article in Vibe. Image Via ubrayj02 [Flickr]

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Father Sues Over Libelous “Deadbeat” Title http://www.purcell-law.com/blog/2009/09/legal-news/21/father-sues-over-libelous-deadbeat-title/ http://www.purcell-law.com/blog/2009/09/legal-news/21/father-sues-over-libelous-deadbeat-title/#comments Mon, 21 Sep 2009 18:57:54 +0000 admin http://www.purcell-law.com/blog/?p=35 jennifer youngSteve Rebeil is the father of an eight year old son. The boy’s mother, Jennifer Young, believes Rebeil has cheated her of child support payments and used her anger as inspiration to start a website to track parents who are failing to pay child support, mostwanteddeadbeats.com. When interviewed about the venture, she has repeatedly called Rebeil a deadbeat and said other disparaging remarks about him. Now Rebeil is taking action by filing a slander and libel lawsuit against Young.

After many hearings, a 2001 court decision ordered Rebeil to pay $8,500 a month in child support and $205,000 in back child support. According to Rebeil, he has been making monthly payments and has paid over $800,000 in child support since 2001. Young disagrees and has hired her attorneys to have the lawsuit dismissed. She claims he has failed to make a number of payments and failed to pay anything between January and July of this year. The motion to dismiss places the burden of proof on Rebeil’s Orange County personal injury attorney.

It seems the case will rest upon proof of Rebeil’s payments to Young, which may not be difficult if the payments were easily traceable by check payments.

To learn more about the issue, read the full article in the OC Register. Image courtesy of Jennifer Young.

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