Sacramento Injury Lawyer Blog

The two brothers who were attacked by a tiger at the San Francisco Zoo are now filing a claim against the city of San Francisco, alleging negligence and defamation.

The brothers, Kulbir and Amritpal "Paul" Dhaliwal, along with a friend, 17 year-old Carlos Sousa, Jr., were attacked Christmas Day of this year by a 250-pound Siberian Tiger at the San Francisco Zoo. Apparently, the tiger scaled the walls of its habitat and viciously bit and clawed the three boys, seriously injuring Kulbir and killing Carlos. The tiger was eventually shot and killed by the police.

At first, the blame seemed to be placed on the boys' shoulders. The Zoo claimed the boys taunted the tiger maliciously, causing the tiger to become so distressed it attacked. In fact, the Zoo was so convinced the attack was the boys' fault that, despite the intense emotional and physical trauma experienced by the boys, the Zoo impounded their car and considered pressing charges against them for over a month.

New information has been discovered, however, that points the blame in a different direction. Upon inspection, the walls of the enclosure of the tiger's habitat were found to be lower than recommended by an accredited agency of the nation's zoos.

The Associated Press writes:

The [legal] documents allege the city failed in its duty to provide a safe zoo environment, defamed the brothers by spreading falsehoods about their possible role in provoking the attack and improperly impounded Kulbir Dhaliwal's car.

For the full story, please click on this link.

In my opinion, there is no shared fault here. The Zoo is at fault. Whether or not the boys were taunting the tiger before the attack is inconsequential. The walls of zoo animals' enclosures should not just be tall enough to cage mellow animals, but distressed animals as well, as animals may become distressed with or without human intervention. Zoos must take every precaution necessary to protect their patrons, which include young taunting boys and elderly gentlemen alike, in every situation. To take just enough precautions so your patrons are safe as long as the animals of your zoo, some of which are natural predators, remain calm and collected is absolutely ridiculous. It is, as the boys allege, negligent.

Here in Sacramento, California, there are not too many crazed Siberian Tiger attacks, but we do have our fair share of tragedies. If you or a loved one has been injured, and it is not your fault, I can help you. Please call me and my staff at 916.444.4444, or visit our website by clicking here, The Law Office of Moseley Collins. We can help you.

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Posted In: Negligence

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A female postal worker was bitten by a Visalia, CA, woman's pit bull last Wednesday afternoon. The pit bull was one of the woman and her family's three dogs. According to the Visalia Times, the postal worker was walking by the family's home when the seventy-pound dog, called Corduroy, pushed open the backyard gate and ran toward her. Corduroy managed to nip the postal worker's leg before the owner's daughter pulled him away and took him inside.

The postal worker, who denied to give her name, notified the SPCA and they went to the home later that day to pick up the dog.

Suzanne Longoria, Corduroy’s owner, claims the five year old is a "good natured dog" and says she allows him to play with her 8 month old grandson.

So, what is next for the dog? Longoria may request a hearing to determine whether or not the dog is vicious. If the court deems that the dog is not, then he will be returned home and be placed on a one year probation period. If the court does deem the dog vicious, then he will be “put down”.

According to the Visalia Times:

Longoria and her daughters seemed confident that Corduroy would get probation.

For the full story visit The Visalia Times website.

To be bitten, attacked, mauled, or even threatened by a dog is a harrowing experience. Many people in our Sacramento, CA area are bitten every year. The annual statistics of dog bites are enough to turn anyone into a cat lover.

According to Dog Bite Law, a website dedicated to informing people of the danger of dog bites, 4.7 million Americans (2% of the population) are bitten every year, 800,000 of which are serious enough to need medical attention and 31 of which are fatal! In connection to our story, 2,851 postal workers are bitten every year. To read more, please visit Dog Bite Law's website.

If you or a loved one have been bitten by a dog and are seriously injured as a result, you have rights. I can help you. The average citizen does not know how to proceed in a legal matter such as this. An attorney has the knowledge and the skill to help you pay your bills, get medical care, and win your case. Please call me and my staff at (916) 444-4444 or visit our website, www.moseleycollins.com by clicking here. We are standing by to help you.

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An unidentified man in the Citrus Heights area, a suburb east of Sacramento, CA, is being heralded as a "Good Samaritan" by Michael and Joanne Golden, a couple who lives in the area.
He earned the title one Sunday afternoon this January when he saved Joanne and attempted to save her dog, Cody, from a vicious and unidentified pit bull.

"I don't know what would have happened," Michael Golden said. "We want to thank him and have him help us positively identify the dog."

The attack occurred around 3:15 p.m. on January 6. Joanne was walking in their neighborhood near Birdcage Center with her father, Angelo Romano, 84, and her dog, Cody, a Chihuahua-Jack Russell Terrier mix, when she saw the pit bull for the first time: The Sacramento Bee reported:

It grabbed Cody, and when Joanne Golden tried to intervene, it attacked her, knocking her on her back and biting her on both hands.

The pit bull continued to attack Joanne and she began to lose her strength. Just when things looked dismal, a man, our Good Samaritan, pulled up in a black SUV. He fought the vicious dog off of Joanne and then packed everyone into his vehicle. With Joanne's directions, the Good Samaritan drove to her home and ran to the door to alert her husband, Michael, of what had happened.

"All I heard was 'wife … pit bull attack,' " Golden said. "My dog was bleeding on this man's car seat. My wife was bleeding."

Michael rushed his wife to the Mercy Hospital in Folsom where she was treated for her bites and bruises. Cody died a few hours later.

In all the excitement, Michael never thought to ask the Good Samaritan his name, something he now regrets. He wishes very much to find this man so he may thank him and also receive help in indentifying the dog who attacked his wife.

To read the full story, click here.

If you or loved one has been injured in a dog attack, you have rights. By California law, the owner of the animal that attacks another person is always liable (at fault) for the attack. That means that they are responsible for any economical damages you incur because of the attack, i.e, medical bills, lost wages, etc.

If you or a loved one has been injured in a dog attack, I can help you. Please contact me and my staff at the Law Offices of Moseley Collins. You contact us by visiting our website by the clicking on the link above or by calling us at 916.444.4444.

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Posted In: Dog Bite

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Seven year old Alexis Goggins is soft spoken and shy. One might not expect the young girl with a learning disability to be very courageous, much less a hero, but that is exactly what she is.

In Detroit, Michigan, a far cry from Sacramento, Alexis and her mother, Seliethia Parker, were taken hostage by Parker's ex-boyfriend in their home town. Calvin Tillie, the ex-boyfriend, jumped into a car containing Alexis, Parker and a friend and forced the friend to drive at gun point. The friend pulled into a gas station and, leaving the car under the premise of needing gas, called 911. Inside the car, the drama unfolded. The Associated Press reports:

...Parker pleaded with the gunman not to shoot. As he was about to open fire, Alexis cried, "Don't hurt my mother!" and jumped into her mother's arms from the back seat.

As Alexis shielded her mother, she was shot multiple times. Despite her heroic efforts, her mother was shot twice, but survived.

Now, after two months in the hospital, six surgeries, and the loss of her right eye, Alexis is recovering. She goes to physical therapy twice a week and speaks little of the shooting. Not suprisingly, Parker refers to Alexis as "her little angel". A suitable title, in my opinion.

For the full story, please click here.

In this world we are confronted with so many terrible things, but, every now and then, we glimpse the mercy of God through the actions of one of His children. Whether its someone taking the bullets intended for another, or simply listening to someone who is hurting, people become heroes everyday. In my opinion, these acts are examples of Christ's light shining in the darkness. These acts, this light, make life livable for us adults, living in the "real world". They show us that the "real world" maybe is as good as we thought it was as small children, dreaming of being grown ups.

If you or a loved one has been injured and need legal help, please do not hesitate to call me, Moseley Collins, of The Law Office of Moseley Collins, at (916) 444-4444.

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Injuries associated with amusement park rides always leave me a bit uneasy, and I find I am reminded of them any time our State Fair comes to our Sacramento home or when my family pleads with me to go to Disneyland. Recently, a lawsuit has been brought against a Six Flags Theme Park located in Kentucky. In this amusement park case, a 13-year old girl, Kaitlyn, was severely injured while on the Six Flag’s Superman ride. According to the case, one of the cables on the ride broke off, hitting Kaitlyn and severing off both of her feet.

The young girl felt the cable whip against her body and instantly smelt a foul, burning odor. She was taken to the hospital and doctors were able to reattach one, but sadly not both, of her feet. Kaitlyn and her family are suing the amusement park for “failing to maintain the equipment and to ensure rider’s safety”. So far, the amusement park has denied any liability in Kaitlyn’s accident. However, the ride has been shut down and dismantled since the date of her injury.

Amusement park injuries are more common than we would like to believe. In 2005, the U.S. Consumer Product Safety Commission put out a report that listed 15,000 injuries that occurred in the United States as a result of an amusement park ride. Amusement parks have the responsibility in maintaining a safe environment for its patrons and workers. If they fail in this regard, they may be found negligent and thus, liable, for any injuries that occur.

If you have been injured as a result of someone else’s negligence, please give me a call at the Law Offices of Moseley Collins. I am here to help.

Web Resources:

Filing Tells of Horror at Amusement Park, FindLaw

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Posted In: Negligence

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In Southern California, a lawsuit is being brought against Los Angeles County for the death of a 43-year old woman. The personal injury case seeks $45 million, claiming negligence, wrongful death, and medical malpractice against the county-staffed Martin Luther King Jr.-Harbor Hospital.

According to reports, the woman, Edith Rodriguez, was at the Los Angeles hospital’s emergency room, withering in pain for 45 minutes. During this time she was screaming for help and vomiting blood, but was refused to be seen. Instead, she was discharged and placed on a bench located outside of the hospital. County officers brought her back inside to try and get help, but Edith was again not seen.

Edith eventually became unresponsive and was, at last, taken into be seen. Sadly, this step was too late. Edith died in the emergency room from a perforated bowel. The hospital has since been downsized since this incidence as it was found not to meet Federal health standards.

Unfortunately, horrible situations like the one above do occur. Wrongful death arises when someone unintentionally causes another person to die, because of their own negligence or misconduct. It is a horrible situation to lose someone who could have lived if another person had acted accordingly. If someone you love died because of another person’s negligence, please call me at the Law Offices of Moseley Collins.

Web Resources:

Family of woman who died after US hospital workers refused to treat her files $45M lawsuit, Find Law

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Posted In: Wrongful Death

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There has been a world-wide recall of a toy called Aqua Dots. It is always frightening to find a toy recalled because of defects or a choking hazard, anything that may bring harm and injury to our children immediately send parents racing around the house, removing the invading toy threat. The recall of Aqua Dots is especially terrifying as researchers have found that the coating on the colorful toy beads, when ingested, metabolize into gamma hydroxy butyrate, better known as the date rape drug.

So far, at least two children in the United States and four in Australia have been hospitalized after swallowing the toy beads. One 20 month old boy, from Arkansas, starting stumbling around, throwing up and eventually passed out, after swallowing Aqua Dots. After several hours in the hospital he was released. The date rape chemical components are dangerous even to adults. According to an article by Find Law, the date rape drug “can induce unconsciousness, seizures, drowsiness, coma and death”.

According to reports, Aqua Dots were planned to be produced using a non-toxic chemical that can be found in glue, but would up being made with a toxic chemical called 1,4-butanediol. This chemical was declared a Class I health hazard in 1999 by the Food and Drug Administration, indicating it can cause life-threatening harm.

Product recalls are a serious issue. If a product causes injury to a person because of a design defect, manufacturing defect, or a failure to warn, liability will fall into the hands of the person or company responsible for that product. Manufactures, supplier, distributors, and retailers all have the responsibility in putting a safe and danger-free product into the market. Liability for a dangerous product can come in several different forms, including negligence, strict liability, and breach of warranty.

If you or someone you love have ever been seriously injured because a product did not live up to this standard of safety, you should contact a lawyer who can lead you in the right direction. Please give me a call at the Law Offices of Moseley Collins, I am here to help.

Web Resouces:

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Posted In: Product Defect

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Walking into one of our Sacramento grocery stores nowadays, I find myself wondering if I am going to be purchasing another product that will show to have some sort of bacteria attached to it, and after consumption, find that it has been recalled. Food poisoning is not the most pleasant of experiences. To add to this badgering thought, today I came across yet another article in the paper, talking about a recalled food product. This time we are presented with salmonella-tainted pot pies, yum yummy.

The maker of these pies, ConAgra Foods, have recalled the product after the pies were linked to a nationwide outbreak of the infection. Reports from the Centers for Disease Control and Prevention are showing that more than 200 cases of salmonella infection have been reported this year, covering 34 states. This salmonella infection shows to be all from the same strain.

A federal lawsuit is being carried out against ConAgra Foods, representing two classes. One class is a consumer class, representing people who bought and/or ate the infected pies. The second class is called an injury class, which will represent all those who after eating such infected pies, became ill.

All food manufacturers have standards they are required to work by. When these standards are violated and/or neglected, the company can face serious liability issues. A food manufacturer has the responsibility of producing a product that is safe to its consumers. They also have a responsibility to ensure that the working area at the manufacturing plant is kept in a way that is safe and free from disease. Plaintiffs in this case are arguing that ConAgra violated these issues.

If you or a loved one have ever been seriously injured because of a food contamination, please call me at the Law Offices of Moseley Collins.

Stay safe and be wary of those pies.

Web Resource:

Salmonella-Tainted Potpies Produce Class-Action Lawsuit , Andrews Publications

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In our Sacramento area, owners and two employees of a Citrus Heights care facility are being arrested and tried for the deaths of three of their elderly residents. It was around this time last year that a fire tore through the halls of the facility. All employees and some residents were able to escape the fire, with the exception of three.

Reports from the Sacramento Metropolitan Fire District are showing the reason why these two were not able to escape the fire was because of unlawful restraints that held them in their rooms. One woman, Doris Bower, was not able to leave because railing on the side of her bed prevented her from getting out. Another woman, Virginia Esler, was trapped in her room by a locked wheelchair. The third woman, Marjorie Leroux, had a bed that was completely surrounded by railing. People were able to get Marjorie out of the fire eventually, but she died several days later from trauma associated with the fire.

An investigation was carried out that showed the restraints in place during the fire were against safety regulations. Through the investigation, other violations were also revealed. The fire was discovered to be a result of a resident who ignited a stuffed chair in her bedroom with a cigarette. There are regulations within residential care facilities that do not allow for any patient with dementia to be allowed to smoke, except in designated areas. One of the owners found the fire that night and seemingly put it out. Unfortunately, the fire began to smolder again and began the disastrous fire that eventually ended in the death of three.

The owners and two staff are being charged with involuntary manslaughter for these deaths.

Violations in care facilities such as this and elder abuse are a huge and growing concern in the United States. Reports from the United States General Accounting Office showed that in 1998, one-third of nursing homes in California were cited for serious and/or life-threatening problems within their facility. To magnify this problem, please take a look at the following statistics for counties within California:

In 1999, the U.S. Congress Committee on Government Reform (USCCGR) reported that of the 439 nursing homes in Los Angeles County, only one was in total compliance with federal standards of care.

In 2000, the USCCGR reported that only 18 of the 288 nursing homes in the San Francisco Bay Area were in full or substantial compliance with federal standards of care.

In 2001, the USCCGR reported that all 27 of the nursing homes in the 22nd Congressional District (Santa Barbara) violated federal health and safety standards.

No care facility should hold such low standards. If you have a loved one who has been abused as the result of a care facility’s negligence and disregard, please call me at the Law Offices of Moseley Collins.

Web Resources:

Two owners, two staffers arrested in fatal Citrus Heights care home fire, The Sacramento Bee

Elder Abuse In Nursing Homes, The Office of the Attorney General; Bureau of Medi-Cal Fraud and Elder Abuse

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Posted In: Elder Abuse

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I read an incredible story in the news today about a high school boy and his road of recovery since a severe dog attack. The young man’s name is Shawn Jones. When Shawn was 10-years old, he saw his whole life change. One afternoon, Shawn was riding his bike, when a pack of three pit bulls attacked him. It was a brutal attack. They say that one pit bull’s jaw can exert as much pressure as 1,000 pounds per square inch, can you imagine the detrimental effects three of those jaw can bring?

The attacks left Shawn in the hospital with chunks of muscle torn out of his arm, nerves and muscles destroyed on both sides of his face, and both of his ears ripped off. The first several days were very uncertain, with Shawn hanging between life and death. In addition to his horrendous injuries directly from the dog attack, Shawn began having blood and other fluids leak into his lungs. The doctors were constantly in a battle to fight off bacteria and infection.

Luckily, after some time, Shawn began to show signs of improvement. He began to undergo reconstructive surgeries to repair the extensive damage done to his face and body. Shawn spent eleven months recovering in the hospital from his injuries.

Today, Shawn is a junior at high school. He plays football, wrestles and runs track. He is doing well in school, achieving a 3.5 grade point average. He has definitely had his struggles since his near-death incidence. But his determination and God’s hand has prevailed, bringing him through discouragement, bouts of depression and uncertainty. Shawn now speaks to victims of animal attacks at Children’s Hospital. He shares with them that there is hope and to pass along the understanding he has gained from his own six year recovery.

Shawn’s attack from those three pit bulls is one of the worst I have heard. But through it all, there is hope and there is life. Never let go of this, no matter what your situation may be. If you have ever suffered from a serious dog attack, please call me at the Law Offices of Moseley Collins. I am here to listen and to help.

To read the article on Shawn Jones, please click here.

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Posted In: Dog Bite

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I read the craziest story in the news today. It is about a personal injury lawsuit in Southern California in which a woman was injured from a trip-and-fall and then assaulted. The woman, Star Harris, states that she was in 7-11 when she fell over some crates that were in her way. Badly injured, Star made her way to the counter to call 911. Star suffered another blow, literally, once she reached the counter. While asking a cashier for a phone to call 911, a man punched Star in the face and knocked her down! Hard to believe that someone would do such a thing to a injured woman. A store security camera depicted this second incident, and after the punch, showed the man paying for a beer and leaving.

It is a crazy world.

Star ended up in the hospital, suffering from three broken ribs, and an injured back and head. In response, Star is suing 7-11 for $1 million. 7-11 has offered Star $15,000.

This is a very interesting and unusual case. However, it does depict a trip-and-fall situation. The facts that need to be discovered are several, including whether someone’s negligence caused the fall and whether the crates were open and obvious. Something is open and obvious if it is apparent upon “causal inspection”, so that a reasonable person if in the same situation, would avoid the potentially dangerous object.

If you have been seriously injured in a trip-and-fall accident because of someone else’s negligence, please call me at the Law Offices of Moseley Collins.

To read the full news article, please click here.

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Posted In: Slip and Fall

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A dentist’s from our Sacramento area had his licensed pulled while he faces charges of battery and sexual battery on some of his female patients. Twenty-seven women have come forth in this case, stating that the dentist, Dr. Mark Anderson, groped their breasts during their examinations. Dr. Anderson has stated that he was not groping his patients’ breasts, but rather massaging them as a treatment for temporomandibular joint disorder, a jaw condition more commonly known as TMJ. The defendant brought forth evidence that showed “palpating the pectoral muscles of the chest” is a standard of care for the treatment of TMJ. The judge rejected this evidence stating that the dentist’s conduct went far beyond just palpating the pectoral muscles and noted that sexual comments were often made during this so-called treatment.

California code 1708 states that “every person is bound, without contract, to abstain from injuring the person or property of another, or infringing upon any of his or her rights”. When someone intently offends or harms someone else by touching their intimate parts, they commit sexual battery. Any person who commits sexual battery is liable by law for the other person’s special damages, general damages, and punitive damages.

It is always sad when a professional uses his or her power and/or authority to manipulate or abuse the person they are supposed to be serving. If you have suffered from a sexual assault, please contact me at the Law Offices of Moseley Collins. You should not go through this alone and the assailant should be stopped before he/she hurts more people. We are here to listen and help.

Take care…

To read the full article about Dr. Anderson, please click here.

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Posted In: Assault & Battery

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