Wednesday, July 22, 2009

Keeping a Child Safe!

On Tuesday July 7, 2009 the children of Alison Le Anne Ebert were picked up by police from their home just past 4:45 a.m, after obviously being abandoned. An anonymous caller reported the abandoned children. After Ms. Ebert turned herself into the police her 9, 11, and 15 year old were taken by Orange County Children Protective Services.

She allegedly left her 9 and 11 year old at home alone Monday night at 6:00 p.m., and spent the evening “at a dude’s house smoking weed,” according to the Orange County Register. Not only were the children left alone but the house itself was unlivable and a mess. The floor had knee deep trash piles, maggots, and overflowing toilets, leaving it unsanitary. The house was so poorly maintained and filthy, the drywall and the flooring have to be replaced.

Police believe that Ms. Ebert is a single mother with no father figure for her children. She was arrested on suspicion of child neglect but has now been released on her own recognizance until she is due in court on August 2, 2009.

It is shocking that this mother would think that it was acceptable to leave her children for her own personal gratification, and believe that her children should not or would not be taken away from her for such conduct. Thankfully the anonymous tip to the police protected the children from serious injury, death or other consequences of abandonment.

Ms. Ebert, and others like her, will eventually be stripped of the privilege of taking care of their children, however, not without damage to these children that may become permanent. I want to thank the anonymous tipster for standing up for what was right. I hope all in our community will take a more active role in reporting abuse early and quickly.

Devonie Migues is an intern with Allen, Flatt, Ballidis & Leslie, a law firm specializing in rights of those involved in accidents and injuries in Orange County California.

Friday, July 17, 2009

Motorcycle accident victim is hit by hit and run driver and without witness help, the perpetrator will likely not be found.

Mark Montgomery died doing what he loved in life—riding on his Harley Davidson motorcycle. An avid rider since 1974, he loved life and rode his motorcycle throughout Orange County every chance he could.

Montgomery was driving west on Garfield Ave at Edwards Street when a gold colored sedan turned north onto Edwards directly in front of him. They collided at around 5:20pm and he experienced severe trauma. He was immediately rushed to Huntington Beach Memorial hospital where he later died. Vehicle drivers simply do not see motorcyclists when turning left, because they are use to looking only for massive cars and as a result, they cause these senseless accidents.

The police are continuing the investigation and if you witnessed this accident on June 26, 2009, you are urged to call 714-536-5661. His wife of 36 years said his greatest passion was sharing experiences with her and seeking a
adventure. They were true free spirits that traveled the world and enjoyed life.

Motorcycle accidents are hard on you and your family. We talk to and help at least 3 motorcycle accident victims a month with settlements or compensation for your injuries. It takes a special attorney to represent you and your family, and that does not mean simply a lawyer that claims he rides motorcycles. see our Orange County Motorcycle accident web site for specifics on our cases and experience. You need an attorney that has helped hundreds before you and we want every client to be able to rise above, not just survive an accident. Need help? Contact us at 1 888 752-7474, it is always free to inquire. We at Allen, Flatt, Ballidis and Leslie have served the Orange County community since 1974.

Friday, July 10, 2009

Do you think 55 million is too much for a young girl rendered a quadriplegic in an accident?

In the largest personal injury award in Orange County’s history, the Gutierrez family was awarded $55 million dollars from the U.S. Government for medical bills and damages.
The accident happened over seven years ago near Orange County’s John Wayne airport. 7 years is an extraordinary period of time for a case to be completed.

It was at the airport location that Michael Leinert, then an employee of the Department of Defense was traveling on business when he ran a red light. Subsequently he broadsided the Gutierrez’s Chevrolet Suburban causing it to hit a light pole and flip over.

The accident left their four year daughter, Leilani, a ventilator-dependent quadriplegic for most of a year. Leilani is now 11 years old and is very bright and articulate. Fortunately she sustained no brain damage but her cervical spinal cord was severely damaged. Since the accident, this young girl has had to undergo 24 surgeries and over 275 days of hospitalization for her numerous injuries.

Some might think this award is not justified, but consider this. An average day of hospitalization is about $25,000. Additional charges are assessed for quadriplegics as they require so much more care. Imagine being 4 years old and on a ventilator for a year. The life expectancy of a person in this position is also significantly shortened, in her case by about 1/2. What is not told to the public is the likely costs each month that the family and friends have had to share for medicine, accommodations for travel and medical care, the nursing and daily care required. If this was a private accident, caused by an uninsured drunk driver, the story would be a lot different, and believe me the costs would be paid by you and me in the form of government aid, totaling over this nice young woman's life time, more than 55 million dollars.

I am glad that the jury found the way to compensate this woman that made sense for all of us. Congratulations to the family and attorney handing this case for a job well done, and the stamina to endure a fair result.

suzanne Leslie is a personal injury trial attorney practicing in Orange County California for over 25 years.

Drugged lady causes personal injury to accident victim in Tustin California

In the heart of Orange County, two vehicles crashed near the Tustin Street and Mayfair Avenue’s intersection in Orange, leaving one women injured and the other being arrested for suspicion of drugged driving.

According to Orange police officer, Sgt. Dan Adams, the Toyota 4Runner rear-ended a silver Saturn sedan. The accident caused the Saturn to flip over. The Saturn driver, visibly shaken was still in shock when being interviewed by the police. One minute she was driving to her favorite thrift store, the next thing she knew she was upside down. She complained of spinal and hip pain but it was unclear how bad her injuries were. In many traumatic cases, injuries can appear days to weeks after a serious accident.

The driver of the Toyota was given a field sobriety test and was arrested on suspicion of driving under the influence of drugs.

If you have been injured in a car accident, hire a professional personal injury attorney that can handle the case for you. Let the lawyers handle the paperwork while you recover.

Thursday, July 2, 2009

Can money ever replace the person killed by the negligence of another?

Imagine that your husband went to work, and was inspecting a bridge, when he fell through a separation in the bridge to his death. You then learn that this is not the only death on this bridge from this gap. Would you be outraged? Would you seek compensation? Remember, you have no income and no future with your lost husband, suddenly taken from you by a danger that City officials knew existed and did nothing about.

This is the story of Gregory Wolters, a California resident that fell from the Rancho Santa Margarita bridge to his death in 2006 while inspecting it. As it turned out, during subsequent litigation brought by his widow, it was learned that the City actually knew of the danger from previous incidents, and did nothing to prevent this from occurring.

The case was settled recently, but I assure you that settlement did not compensate for Ms. Wolter's loss. Not only did she lose her husband's income, but his love, companionship, future plans and retirement options. Money simply does not replace this loss, despite the ardent tort reformist arguments. Nor does it sit well with me that people constantly complain that we are 'sue happy" in this country. The truth is that the City of Rancho Santa Margarita refused to acknowledge any responsibility and did not disclose their knowledge of the prior fall and danger until litigation was commenced and discovery undertaken.

Until entities and people start accepting responsibility for their negligence early in the claim process, we will have to continue to file suit and litigate to get to the truth of an accident or wrongful death.

Suzanne Leslie is with Allen, Flatt, Ballidis & leslie and a practicing personal injury lawyer in California for over 25 years.