CASE RESULTS

Drunk Driver v. Auto

$10,000,000.00 structured settlement for a wrongful death case against the MTA. A twelve year old little girl who lost her mother as a result of a bus running over her..more

Construction Worker Obtains More Than $2.5 Million for Injury

We are pleased to announce that the Los Angeles personal injury law firm of Lederer & Nojima LLP has obtained a judgment of..more

Slip and Fall Accident

On September 9, 2010, Lederer & Nojima LLP was awarded a $2,506,432.76 judgment in a case evolving from a painter..more


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Police Dog Attacks Concerned Citizen

Wednesday, May 26, 2010

Sometimes a good deed just won't go unpunished.

A man went to check on an alarm he heard two doors down from his home, and was attacked by a police dog which bit through his little finger. A nerve was injured in the bite.

Kevin Oglesby says he heard an alarm go off and went to check on his neighbor's property before going back to check out his own, as well.

Once in his own backyard, he says he was alerted to what he called a "presence," and turned around. He was rushed by a german shepherd, and held still in the hope this would prevent the situation from getting worse. He said from seeing television, he knew not to try to run or resist.

Oglesby said that the dog jumped over the fence with its handler trying to catch up. The dog's leash was not in the handler's hand. Oglesby further said the handler was telling the dog to release, over and over, and did physically pull the dog off Oglesby.

"I just stood there watching and watched it sinking its teeth in and out," Oglesby said. "I may be only a little fella but I've got quite a high threshold of pain."

Surgeons at a nearby hospital were able to fix the injured man's severed nerve.

Oglesby contacted the Weekend Herald after reading about a police dog attacking a lawnmowing contractor who was trying to help officers track the 14-year-old driver of a stolen car in Avondale on Thursday.

According to the dog's handler, the shepherd was following its training. It had noticed Oglesby's scent at the crime scene and followed like it had been trained to do. The dog has been stood down until it can be evaluated as to whether it is fit for duty.

Oglesby said he felt no ill will and accepted the handler's apology.

Not Too Young to Be a Hero

Monday, May 24, 2010

Ten-year-old William Wyatt Kunert of Cheyenne, Wyo., didn't hesitate when a dog attacked him and his 2-year-old brother, Jordan Martinez.

The brothers were on their own front porch when a neighbor's pit bull managed to jump over the fence around its yard and charged the boys. The fence in question was 4 feet high, but the animal still managed to get over it.

Kunert, who has been attacked by dogs in the past, got Jordan into the house and tried to slam the door against the pit bull. But the dog got there too fast for that, and clamped onto Kunert's leg for long, painful minutes. The bite left severe injuries that required multiple surgeries to repair.

According to William's mother, the dog would probably have killed Jordan if it had gotten a hold of him instead of the older boy, given the severity of William's injuries.

Kunert said he knew the dog was going to bite him if he got Jordan out of the way, but he did it anyway, even though he has scars on his face from an equally painful bite in the past.

Kunert's brave actions have been rewarded, however. The American Medical Response Team gave the young hero their Everyday Heroes award in honor of his courage.

A representative of the AMRT said that courage is more about acting despite fear than about not having it, and said that Kunert's actions are an example of everything Emergency Responders stand for. Officials praised his actions, calling him a "hero among heroes" at the ceremony. Kunert is the first recipient of the new award, making the occasion all the more special to him and his family.

For his part, Kunert has recovered well from his injuries. He is able to play normally, without any serious, lasting damage from the attack.

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Boy Killed in Motorcycle Accident

Wednesday, May 19, 2010

Police have identified the 7-year-old child who was killed on Wednesday when his father's motorcycle collided with a car. The impact threw Victor Camacho 22 feet from the impact and killed him. Victor and his older brother, 8, were riding on the motorcycle with their father, though the older boy was not seriously hurt in the impact. The boys' father was uninjured.

Camacho's motorcycle was heading northbound, and a car that was parked on the curb pulled away to make a U-turn. The motorcycle struck the car a moment later, throwing Victor over the vehicle, where he landed on the other side, apparently killed on impact.

According to police Sergeant Tim Bedwell, the car appears to have not yielded to the motorcycle. The police are continuing to investigate the matter.

Further complicating the matter is the fact that it is illegal for more than one passenger to be present on a motorcycle. Only one passenger is permitted, and must ride behind the motorcycle operator. Victor's older brother was riding in front of their father. Additionally, Victor's helmet was not properly fitted for his size, and came off in the impact. A proper helmet might have kept the injuries in the fall to a minimum.

Victor's older brother suffered minor abrasions to his face, but was otherwise doing fine at the hospital.

Charges in the case have yet to be filed, as the police are continuing to investigate. The police have not released any names, and it is unclear where the identification of young Victor came from. A 19-year-old woman was identified as the driver of the other vehicle but, again, her name has not been released.

Both drivers permitted the police to take drug and alcohol tests. Until these results are returned, police are declining to file charges or mention what potential charges might be considered.

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Eight-time DUI Offender Convicted of Murder

Monday, May 17, 2010

Edward Schaefer was convicted of murder in the 2nd degree on Thursday for the killing of a child he struck with his motorcycle in a crosswalk in Novato, Calif. Schaefer has eight previous DUI offenses to his record. The jury returned their verdict in less than four hours, saying that his DUI history showed malice.

Schaefer's driving history leading up to the accident includes the eight DUI charges and convictions, probation for 14 years and assorted judgments such as rehab treatment and license forfeiture. Even with such measures put in place, Schaefer still had access to a motorcycle and rode it through a stop sign, plowing into the Osheroff family, killing one of them and injuring the others.

The Osheroff family expressed gratitude for the verdict of guilty for five felony counts. Aaron Osheroff said that he remembered lying in the street, asking himself when he would wake up, thinking it was a horrifying dream.

Schaefer's recklessness killed the Osheroff's nine-year-old daughter Melody.

Schaefer's behavior was hardly that of a remorseful man. According to reports, he made obscene gestures at photographers during his first court appearance.

Osheroff also said anything other than the verdict returned would have been "an abomination." He called the decision "a no-brainer."

Aaron suffered damage in the impact, as well. His right leg is gone below the knee, and his left was severely mangled in the impact. Extensive surgery was required to repair both the muscles and the skin, necessitating a number of tissue grafts from other parts of his body.

When asked about the verdict, Osheroff stated that he didn't think Schaefer had demonstrated any remorse. He said he was glad of the verdict, and glad to have Schaefer out of his lives and off the streets. Currently, Osheroff's priorities lie on rebuilding his family's lives and making sure his surviving daughter has everything she needs.

Train Reaction Crash

Wednesday, May 12, 2010

Last Friday, a collision between a South Lake City train and a car started a series of events that ended in a second, related accident, landing three people in the hospital.

The TRAX train was traveling east around 8 p.m. on Friday, and struck a vehicle that had crossed into the train's path.

Amazingly, the car's driver was not killed in the impact, despite turning left across the train's path. The 27-year-old woman and her car were dragged 300 feet before finally stopping. Firefighters had to cut open the car to remove her, but she was conscious when she was taken to the hospital. The accident occurred on the University of Utah Campus.

UTA procedures in the matter are clear. The TRAX operator is to be given a test for drugs and alcohol, and will be on paid leave until the university police complete their investigation. While there were people traveling on the train and the accident was quite serious, nobody was hurt and the delay was minimal.

"Those trains are so big and heavy, people on board would only have felt a bump," said a UTA official.

Shortly after the impact, a UTA truck responding to the accident ran a red light, which caused the second accident. It ultimately lead to a four car pileup on the eastern and southbound lanes in the area.

UTA trucks are equipped with warning flashers, but they are yellow, not blue and white emergency lights.

The trucking accident was caused when the truck was hit by a northbound car, which threw the maintenance vehicle into another car in the left-turn lane. The fourth vehicle rear-ended the turn lane car a moment later.

Five people were injured in this secondary accident, two of whom were taken to nearby hospitals with minor injuries. The other drivers were able to be treated at the scene instead of requiring hospital attention.

UTA has said the driver will be cited for violating the red light and causing the accident.

Woman Leaves Child After Accident

Monday, May 10, 2010

A Chicago native has been charged with child endangerment, having run on foot from her car following an accident. In fleeing, she left behind a 3-year-old boy in the vehicle, according to police.

The resident involved is Chiqutia S. Russel, who lives on North Springfield Avenue. She was given multiple charges, including endangering the life and welfare of a child, driving without a license, failure to have insurance and leaving the scene of a vehicular accident, according to Chicago Police News Affairs Officer Laura Kubiak.

Russel returned to the accident scene, which was at the 1800 block of North Karlov Avenue. A witness identified her as the driver of the 2001 Chrysler, and said that she had fled the scene. Police arrested her immediately.

After she had fled the scene of the 9:35 pm accident, the police found the child in the back of the vehicle. According to officials, the child is the son of Russel's boyfriend. Thankfully, there was no indication the boy had been injured, according to police.

Following the filing of charges, Russel was assigned a court date of May 24th. The Illinois Department of Children and Family services has stated it intends to investigate the case. They have also stressed that they did not have prior contact with the family for any child services matters.

There is no word on the condition of the driver in the other vehicle involved in the car accident.

The charges are serious, carrying the potential for extensive fines and jail time. The child endangerment charge alone carries the potential of 10 years of jail time, while the other offenses carry jail times around several months of imprisonment and fines that can total approximately $5,000-$10,000, depending on the discretion of the court.

A call to Russel's residence reached a gentleman who insisted that the incident was a misunderstanding, and that she had not left the child behind.

Defendants Agree to Settle DUI Wrongful Death Case

Wednesday, May 05, 2010

The Missouri police officer and the bar she drank at have agreed to a settlement of $2.25 million to be paid to the families of four young people killed in a traffic crash last year. Three of the victims were Eastern Illinois University students.

The wrongful death suit was brought by the survivor of the crash and the dead victims' families. The suit held that officer Christine L. Miller drank a large quantity of alcohol while off duty on the night of the accident, specifically at O'Leary's Restaurant and Bar. She then drove her car into oncoming traffic while intoxicated.

Files from the St. Louis County Circuit Court indicate that the families each will receive $331,375 as part of the settlement. $750,000 will go to the plaintiffs' attorneys, with the remaining $180,000 going to survivor Nitesh Adusumilli and his lawyer, as well as court fees. The exact details of Adusumilli's settlement were not released.

The primary accusation against Officer Miller was negligence due to drunk driving and driving on the wrong side of the road. Her BAC was .169 three hours after the crash, which is more than twice the legal limit for the area.

The suit was filed six days after criminal charges were filed against the officer. She has been charged with four counts of first degree involuntary manslaughter, and one count of second-degree assault. The crash happened at 1:45 a.m. March 21, 2009. Miller drove her car eastbound into the westbound lanes, colliding with the victims' Honda.

Those killed in the wreck were Satya Subhakar Chinta, Anusha Anumolu, Anita Lakshmi Veerapaneni, and Priya Muppayarapu. The last three were graduate students at EUI, and all four passengers were originally from India, having come to work and study in the United States.

The sole survivor of the crash suffered extensive injuries, including head trauma. However, he was eventually able to return to work. It is unknown if a date has been set in the criminal trial for the officer.

Police Investigating Bite-and-Run Dog Attack

Monday, May 03, 2010

Police in Ridgefield, Conn., are continuing their investigation into a dog attack that left a town resident and his puppy injured last week.

According to Police Captain Clifford Scharf, numerous leads have been followed up since German shepherds attacked resident Guy Marchison and his golden retriever puppy, Star. The attack occurred on Tuesday, April 20. Star was only 14 weeks old at the time.

Marchison claims that the dogs rushed Star, and he picked her up to keep her away from the attack. The shepherds persisted in the attack, causing injuries to both Marchison and his puppy as he tried to shield her from their assault. The dogs' apparent owner whistled and they broke off the attack, followed him into his vehicle, whereupon he drove away. They were seen leaving in a Hummer, either gold or orange-colored.

Ridgefield police initially asked the press not to report on the vehicle's description, fearing that letting the information out could disrupt the investigation, but another news outlet leaked the information later.

According to Captain Scharf, “Once we identify someone we will apply for a warrant and that takes time."

Mr. Marchison was taken to Danbury Hospital for bites to his face and hands. He suffered eight puncture wounds, and was placed on medication in case of rabies. The puppy was taken to the emergency animal hospital. She suffered a serious wound to the chest and will require surgery, but seems to be in good spirits on the whole.

The attack is unusual, as many dog bite cases involve animals near their homes, with an owner clearly present and approachable. Captain Scharf has stated that the owner of the dogs is likely to face criminal charges in the matter, although whether these would be relating to negligence in allowing his dogs to attack someone or relate to fleeing from the scene remains unstated.

The captain did confess that he would hate to be the owner of a Hummer matching the description put out, however.


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