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Personal injury lawsuit moves to state court

James Bagley filed a personal injury and property damage lawsuit in California State Court following a case that stemmed from the crash of a glider tow plane. His case was previously filed in the United States District Court for the Southern District of Southern California.

Bagley alleged the glider’s operator violated federal aviation regulations when he caused the plane to crash directly into the ground. He claimed the case should be tried in state court, because the federal court lacked jurisdiction over the case. The District Court approved the plaintiff’s motion to remand the case, noting the plaintiff did not “have a private federal remedy, because Congress did not include a federal cause of action for personal injury suits in the FAA [the Federal Aviation Act].”

Our personal injury attorneys at Ritter & Associates provide legal services for our clients in San Diego and other areas in California. We handle personal injury accident cases involving maritime law, motorcycle accidents, motor vehicle accidents, and wrongful death, among others. Call our offices today at (619) 296-0123 to learn more about your options.


Man sentenced to 20 years after running over police officer with squad car

The San Diego County District Attorney’s Office has reported that William Frank Bogard, 25, has apologized to the police officer he hurt by running him over with his own police squad car back in January 2015.

Bogard, who was charged and convicted of a number of charges, was sentenced to 20 years and four months of imprisonment. His violations included two counts of murder with personal use of a deadly weapon and personal infliction of great bodily injury, one count of assault with a deadly weapon, one count of residential burglary with a hot prowl allegation, theft of a police car, felony vandalism, and resisting an executive officer. Deputy District Attorney Michael Runyon said Bogard made a guilty plea to four strikes.

The police officer who was struck down by his own patrol car was identified as Officer Jeremy Swett. He was interviewing witnesses of a disturbance outside a house in the 3600 block of Main Street in Barrio Logan when Bogard ran him over with his own squad car. Bogard was fined $304,576.12 in restitution to the city of San Diego for Swett’s medical bills and for damage to the two squad cars.

Aside from being emotionally traumatized by a personal injury accident, a victim is also left to deal with extreme physical pain and financial problems brought on by the burden of having to shoulder expensive medical bills. If you have had the misfortune of being hurt in a personal injury accident in San Diego, do not hesitate to seek the legal help of our attorneys at Ritter & Associates by calling our offices today at (619) 296-0123.


Tour bus in California bus accident had low-tread tires

The National Transportation Safety Board is discussing a new development concerning the tour bus that crashed in Desert Hot Springs near Palm Springs. The USA Holiday bus crashed in Riverside County in California on Sunday, October 23, which resulted in the death of 13 individuals, while 31 more sustained injuries.

According to authorities, two of the eight tires on the bus did not have enough tread, and as such the bus was not in compliance with vehicle safety standards. NTSB member Earl Weener said the agency came to this conclusion after a careful examination of the motor coach body and wheels. The tires of the bus, which were manufactured by different auto-part makers, did not meet Commercial Vehicle Safety Alliance inspection criteria.

At Ritter & Associates, we defend clients who sustained injuries in accidents through no fault of their own. Contact us at (619) 296-0123 to discuss your personal situation and see what our talented attorneys can do to help you.


Bayer may inherit Monsanto’s environmental liabilities

A pending acquisition at the top of German multinational and pharmaceutical company Bayer AG’s shopping list, the $66 million agreement to purchase St. Louis, Missouri-based multinational agrochemical and agricultural biotechnology corporation Monsanto Co., may trap Bayer into a web of ongoing environmental lawsuits, attorneys told Bloomberg BNA.

The deal will connect Bayer to litigation concerning Monsanto’s earlier production of polychlorinated biphenyls (PCBs) as well as its cleanup liabilities, even though terms of the sale are geared toward creating a firewall against the liabilities, attorneys said. They noted that this is because a purchaser in a genuine merger receives both the assets and the liabilities of the purchase.

German legislators are urging the European Commission to pull back the scope of the deal, which will also have to be approved by United States antitrust regulators.

Meanwhile, plaintiffs from San Francisco and San Diego, are continuing litigation against Monsanto over public waterway contamination due to the presence of PCBs, which the Centers for Disease Control and Prevention says can cause liver damage and respiratory problems.

When a company releases a toxic pollutant into the environment, it is possible to hold that company accountable for the resulting toxicity injuries you and your family endure. If you had been hurt due to toxic circumstances in San Diego or other areas in California, enlist the legal services of our attorneys at Ritter & Associates by calling our offices today at (619) 296-0123.


California Supreme Court choosing to hear Yelp review appeal

The California Supreme Court ruled last Wednesday, September 21 that the court should hear the appeal of a lawsuit filed against San Francisco-based customer review website Yelp. A San Francisco law firm filed the initial lawsuit against Yelp, who says this case can spell the difference between free and controlled speech.

Yelp says if the initial 2013 ruling made by Judge Donald Sullivan is implemented, it will create a precedent for businesses or private companies to ask the courts to have negative reviews against them taken down, even if said reviews are legitimate. Sullivan’s ruling ordered Yelp to take down a negative review of the suing law firm,

The personal injury attorneys at Ritter & Associates provide legal services to clients in San Diego and other areas of California, including civil rights cases and other legal matters. Call our offices today at (619) 296-0123 to discuss your situation and learn more about the legal options available to you.


Sparta, New Jersey debates report about carcinogen in water

A report released on Tuesday, September 20 by the advocacy organization Environmental Working Group said as many as 90% of public water systems in the United States contain the carcinogen chromium-6, which could endanger the lives of more than 200 million Americans.

Local and state officials, however, disagree about conclusions drawn out  by the report. Sparta Mayor Christine Quinn said to the New Jersey Herald in an email on Thursday, September 22: “It is my understanding that the source of the recent [report] circulating regarding Chromium-6 in drinking water is a study performed by an advocacy group that elected to develop its own contamination levels, rather than utilizing actual Federal EPA [Environmental Protection Agency] drinking water standards.”

Because of their stricter standards, the group may have caused “findings and a level of public concern that are not based on any currently established regulations,” Quinn said. New Jersey and other states still have no chromium-6 standards of their own and they are currently following the federal limit of 100 parts per billion, which covers not only chromium-6, but also chromium-3, which is a naturally occurring metal found in small rocks.

A personal injury accident can cause major difficulties in your life at the snap of a finger. To make matters a little easier for you, our attorneys at Ritter & Associates in San Diego can help you recover financial compensation from the individuals responsible for your accident so you can focus on your rehabilitation. Call our offices today at (619) 296-0123 to learn more about your legal options.


San Diego passes $1M payout to man run over by Balboa Park ranger

The San Diego City Council approved a $1 million payout to 52-year-old Derrick Marable on Tuesday, September 13, including an undisclosed amount to his attorneys. Marable is receiving compensation after Balboa Park ranger Carol Rukstells ran over him while he was sleeping on a slope near the 1800 block of Sixth Avenue on the edge of the park.

The city council decided on July 19, 2016 in a private session they would award Marable with settlement money. They also gave consent to award other settlements – to a police officer and to two other people needing to settle personal injury claims – on Tuesday. Marable claimed he was severely injured as a result of this accident and that he suffered injuries to the kidney and lung, broken ribs, other fractured vertebrae, significant blood loss leading to shock, and a lacerated liver.

 

Our attorneys at Ritter & Associates are prepared to handle personal injury accident cases that include motor vehicle accidents, premises liability cases, and wrongful deaths, among others. Call our offices in San Diego at (619) 296-0123 to discuss your case and learn more about your legal options.


Spectators sue Major League Baseball for lack of safety netting in sporting arenas

A lawsuit was recently filed in the United States District Court for the Northern District of California against the MLB for allegedly failing to install safety netting that could protect spectators from getting injured when balls accidentally hit them.

The plaintiffs claim that the defendants are guilty of negligence and misrepresentation. They added that they are exposing the spectators of the sport to unnecessary harm, referencing a Ninth Circuit decision that says holding the fear or anxiety of future harm is enough to establish injury-in-fact.

The MLB contended, on the other hand, that the injury rate per ticket is less than 1%, meaning the chance of injury is very slim. Therefore, the plaintiffs have failed to establish an imminent danger of injury. Similar litigation involving hockey has set the bar for injury very high. Even in the most extreme cases, the hockey team and the National Hockey League are usually absolved of liability because of the argument that sporting fans are aware of the possibility of injury when attending such sporting events. As long as teams, arenas, and leagues warn spectators of the possibility of injury when coming to said sporting events, they are usually not held responsible for injuries to spectators.

The attorneys at Ritter & Associates provide legal services for our clients in San Diego and other areas of California, an we handle personal injury accident cases such as product and premises liability. Call our offices today at (619) 296-0123 to learn more about what we can do for you.


California outlaws admission of country of origin evidence in personal injury lawsuits

California Governor Jerry Brown, Jr. on Wednesday, August 17 enacted into law a measure that outlaws the admission or discovery of evidence related to a person’s immigration status, in wrongful death and personal injury cases.

Assembly Bill 2159, which was supported by state Assemblywoman Lorena Gonzalez (Democrat of San Diego), effectively overturns a 30-year-old court case, Rodriguez v. Kline, that assesses future damages for plaintiffs illegally working in the United States at what they would have earned from the country they came from instead of what they would have earned in the state of California had they not been injured.

The Rodriguez v. Kline decision set the precedent for defendants in personal injury cases to compute compensation for medical expenses based on medical care costs in the plaintiff’s place of origin rather than the cost of medical care in California, since the plaintiff should not have been living in the country anyway because he is living in the country illegally.

Our personal injury attorneys at Ritter & Associates, who provide legal services to our clients in San Diego or other areas in California, handle personal injury accident cases pertaining to product liability, auto accidents, truck accidents, motorcycle accidents, and other motor vehicle accidents, among others.


Daycare Facility Regulations in California

The state of California has numerous regulations in place when it comes to the operation of childcare facilities. Be that as it may, reports still abound of children getting hurt while at daycare. Children are commonly exposed to injury due to inappropriate behavior of their attendants, negligence in supervision by the attendants, and improperly maintained playground equipment.

In order for a personal injury claim against a daycare center to be successful, the plaintiff must be able to prove that the injury the child suffered was foreseeable by child care providers.

If your child was harmed by defective products or because the people attending them are negligent with their supervision, get in touch with the attorneys at Ritter & Associates in San Diego. If anyone puts your child or multiple children in danger, they deserve to be held accountable for their negligence. Find out more by calling our offices today at (619) 296-0123 to discuss your legal options.


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