Moreno Valley Accident May Be DUI Related

The Press Enterprise has reported that alcohol is suspected as a factor in a major injury collision over the weekend in Moreno Valley.  The accident occurred on Saturday night at about 10:30 p.m. at the intersection of Heacock Street and Parkland Avenue.   According to the report, a man driving south in a Toyota Camry ran a red light and collided with a Chevrolet Cavalier turning left from Heacock onto Parkland.  The Camry's driver had to be cut from the wreckage and was taken to the hospital in critical condition.  The female driver and her passenger in the Cavalier, as well as the passenger in the Camry, were taken to the hospital as well for treatment of minor injuries.  If you have any information regarding or actually witnessed the crash, you should contact traffic division deputies at (951) 486-6900.

Scene of the Accident

The intersection of Heacock and Parkland in Moreno Valley is controlled by traffic signals, and those drivers making a left turn from Heacock onto Parkland have a protected left turn.  It would not appear the man driving south on Heacock would have any impediment to seeing the light for his direction of travel was red, as the roadway is relatively flat and straight.  Assuming the light for southbound traffic was red, then the driver of the Camry will likely be found 100% at fault for the accident.  The female driver of the Cavalier has the lawful right to assume that oncoming drivers will obey the law.

The DUI Issue

From the limited information in the news report, we do not know which of the two drivers was suspected of driving while under the influence.  However, given the accident description, it seems a reasonable inference the male driver was most likely the one suspected of driving while intoxicated.  If he is found guilty of operating his vehicle while under the influence, thereby causing injury, any civil case against him would be relatively simple to prove.

If you or a family member have been injured in a collision, an auto accident attorney with experience at handling these types of claims can be of great assistance in securing compensation.  It is always best to make an informed decision regarding your rights whenever you have been involved in a personal injury accident

.

SOURCE:  MORENO VALLEY: Alcohol suspected in major injury wreck, Press Enterprise, March 3, 2013, by Richard Brooks

Pedestrian Accident In Menifee Causes Serious Injuries

On Sunday evening at about 7:00 p.m., a suspected drunk driver struck a pedestrian in Menifee, resulting in serious injuries.  According to the story in the Press Enterprise, the alleged drunk driver, 31-year-old Juan Vargas Mendoza, struck the 54-year-old woman after she had momentarily stepped into the street.  The accident happened in the 31600 block of Brentworth Street, and Mendoza reportedly hit another vehicle on the side of the road before the accident was over.  Witnesses to the incident restrained Mendoza until police arrived at the scene.  As of early today, the victim was listed in stable condition, and anybody with information is asked to call the Menifee Sheriff’s Department traffic division at 951-210-1000.

See the Press Enterprise story HERE.

The case above is apparently another example of what happens when a driver gets behind the wheel of their car while impaired.  From the Google images of the accident scene, there does not appear to be any impediment to a driver's view of pedestrians in or near the street.  Even assuming that the victim stepped into the street when she shouldn't have, it would appear that any driver traveling at a safe speed could see such a danger and have time to react.  The area where the accident happened is residential, and the speed limit is likely to be no more than 25 miles per hour.  Aside from this, if it is proven Mendoza was driving while intoxicated, then his carelessness may be presumed under the law, regardless of his speed.  

Compensation for the victims of DUI related accidents should be an important concern for everyone.   When an impaired driver strikes a pedestrian, causing a tragic accident like the one above, he or she should be held accountable.  An Orange County personal injury attorney with experience at handling pedestrian accident cases can make a fair assessment of these claims.   Mr. Ralph has more than 21 years of experience handling automobile accident cases, including those caused by drunk drivers.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a family member been the victim of a pedestrian accident caused by an impaired driver?

Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.

Suspected DUI Driver Causes Fatal Accident In Boyle Heights

Late Saturday night a suspected drunk driver plowed his vehicle into a crowd near a taco truck in Boyle Heights, killing two people.  According to news reports, the female driver, now facing felony charges, was being followed by CHP officers because of her erratic driving, speeding and weaving in and out of lanes on the northbound 5 freeway.  The suspect, 38-year-old Elba Jimenez of Upland, ignored officers' attempts to pull her over as she exited the freeway at Cesar Chavez Avenue, ran a red light and crashed into the parking lot.  Marlene Alatorre, 19, and Claudia Fernandez, 38, were killed in the accident.  Two victims inside the taco truck, a man and a pregnant woman, were taken to L.A. County Medical Center for their injuries. Alatorre's family is accepting donations for funeral services.

See the KTLA news story and video HERE.

This shocking and tragic story is becoming all too familiar.  An alleged drunk driver causes a fatal collision and his changed so many lives in the process.  According to the news reports, Alatorre leaves behind a 1-year-old baby, who will never know their mother.  Few things in this world could be more tragic than the loss of a young mother who leaves behind a small child.  Because of Jimenez' selfish acts, both the Fernandez and Alatorre families can never be the same.  While monetary compensation is far from perfect justice, this is the only thing that can be given to these two families to perhaps make their lives at least a little more comfortable than they would be without it.  Nothing can fairly compensate a family for the loss of their loved one's society, care, comfort, affection, love and support.

Compensation for the victims of fatal automobile accidents caused by a drunk driver should be an important concern for all Californians.  When a driver operates their vehicle recklessly or while impaired so as to cause a serious or fatal accident, they should be held accountable.  An Orange County auto accident attorney with experience at handling wrongful death cases can make a fair assessment of these claims.  Mr. Ralph has more than 20 years of experience handling Orange County automobile accident cases, including those involving wrongful death.   He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been injured or killed in an DUI accident?

Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.

Bryan Stow Case - Where Was Security?

In the criminal case arising from the tragic beating of Bryan Stow at Dodger Stadium, testimony of Stow's friend revealed a great deal had transpired between Stow and his eventual assailants before the nearly fatal attack.  According to KTLA news, Stow's friend, Corey Maciel, testified at the preliminary hearing for the two suspects that Stow and his friends had endured hours of heckling and thrown food inside the stadium.  Even after this occurred, Stow's group was further taunted in the parking and loud words were exchanged before the final, vicious attack.  The two suspects, Marvin Norwood and Louie Sanchez, are now facing a number of serious felony charges.

See the KTLA news story and video HERE.

As a general principle, there is no duty for anyone to act to protect others from the misconduct or criminal acts of third parties.  However, such a duty may be present if there exists a “special relationship” between the parties.  Courts have found such a special relationship in cases involving the relationship between business proprietors such as shopping centers, restaurants, and bars, and their tenants, patrons, or invitees.  Where the special relationship duty exists the business owner must take reasonable steps to secure common areas against foreseeable criminal acts of third parties that are likely to occur in the absence of such precautionary measures.  In the Stow case, the Dodger security staff had a duty to protect patrons from foreseeable misconduct and criminal acts.  Since the Dodger security staff knew or reasonably should have known what was happening, their duty likely included an obligation to take reasonable, relatively simple, and minimally burdensome steps to attempt to avert that danger.  If Stow and his friends had been escorted to their vehicle by security or those causing a disturbance had been arrested for disturbing the peace, would the assault on Stow have occurred?  It seems likely it would not have happened.

Compensation for the victims of violent crimes that occur on a business owner’s property should be an important concern for all Californians.   When a business owner's patron is attacked on their property they should be held accountable if they failed to provide a reasonably safe environment, especially when they can prevent or effectively intervene in a criminal assault.   An Orange County personal injury lawyer with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 21 years of experience handling personal injury and premises liability cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a family member been a victim of a violent crime that occurred at a place of business?

Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.

3-Year-Old Girl Badly Bitten By Dog In Inland Empire

On Easter Sunday, a little girl in the Inland Empire was attacked by a rottweiler-mastiff mix.  The 3-year-old girl, Hayleh Harger, received such serious bites she had to be transported by air to Loma Linda University Medical Center.  According to KTLA news, the wounds on Hayleh's head and face required 100 stitches and staples to close.  Hayleh's mother, Debra, found her daughter in the dog's mouth and is the one who rescued the 3-year-old from further harm.  The dog had apparently been brought over to the Hargers' house by a neighbor who was watching the dog for a friend.  The owner of the dog is being sought by authorities and, the animal may have to be euthanized, according to officials.  


See the KTLA news story and photograph HERE.


All too often dogs attack small victims, particularly children.  When the bite or bites are to the face or head, the result can be especially devastating.  Aside from the pain of the injuries when they occur, there is sometimes the long-lasting injury to the child's emotions.  A dog attack like the one above can leave a young child physically and emotionally scarred for years.  Plastic surgery may help to erase the physical scars, but the emotional injuries may be even harder to remedy.  For these reasons, and others, dog owners are strictly (automatically) liable when their animal bites someone, regardless of whether the dog had ever bitten anyone else in the past.  While there are defenses available to the dog owner, such as assumption of the risk, the majority of the time the owner is found wholly liable for the injuries and damages to the victim.


Compensation for the victims of serious dog attacks should be an important concern for all Californians.  When a child is bitten and seriously injured, the dog’s owner should be held accountable for all of the injuries and damages suffered by the victim and their family. An Orange County dog bite lawyer with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has more than 20 years of experience handling personal injury cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.


Have you or a family member been the victim of a dog attack?


Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.

Dog Attack Badly Injures 6-Year-Old

This morning a Moreno Valley boy lost part of his ear after a large dog attacked him and his mother as they walked through their neighborhood.  According to the KTLA news story, the 6-year-old was walking alongside his mother who was pushing a stroller carrying her younger child at the time of the attack.  The tragic incident reportedly occurred at approximately 11:40 a.m. near the intersection of Indian Avenue and Myers Avenue.  The 120-pound dog apparently escaped from its yard and attacked the family.  The 6-year-old lost part of his ear and suffered a bite to the back of his head.  Paramedics rushed the boy to a nearby hospital for emergency medical treatment.  Following the attack, Moreno Valley Animal Control Services arrived and seized the dog, which is now subject to euthanasia.

See the KTLA story and photograph HERE.

Dog attacks like the one above happen with alarming frequency, in spite of the fact that nearly every municipality has laws in place to deter dog owners from allowing their animals out of their yards, even unintentionally.  In fact, the Moreno Valley Municipal Code (Section 10.02.080, entitled "At Large or Stray Animals") makes it unlawful  "... for the owner of any animal, other than a cat, to allow such animal to run at large within the city."  The Municipal Code also makes it a misdemeanor if the animal "inflicts injury to any human or animal, or threatens public health or safety".  In the case above, the owner of the dog may well have criminal culpability because of the injury to the little boy.  Beyond that, the boy's family has the right to bring a civil action against the owner on behalf of the 6-year-old.  Under California law, the court may allow a "guardian ad litem" to bring an action for the benefit of a minor child.  This would allow the guardian, usually a parent, to seek damages for their child, and money would be made available for medical needs, including any plastic surgery that may be required in the future.  In any case in which a settlement is reached between the parties (assuming the settlement is above $5,000.00), the court is called upon to determine whether the settlement is in the best interests of the child.  In making such a decision, the court takes into account a number of factors including the injury sustained, the medical expenses incurred, future medical needs and the pain and suffering the child has and/or will endure.

Compensation for the victims of vicious dog attacks should be an important concern for all Californians.   When an innocent child is attacked and seriously injured, the dog’s owner should be held accountable for all of the injuries and damages suffered.  An Orange County dog bite attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has more than 20 years of experience handling personal injury cases, including just this type.   He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a family member been the victim of a dog bite or attack?

Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.

Orange County Family Badly Injured In Rear-End Accident

A family from San Juan Capistrano was rescued this past Thursday after their car was struck from behind by a big-rig on Highway 101just south of Buellton, California.  According to a story by KTLA news, the impact was so hard it knocked the family's BMW through a concrete guardrail, causing it to hang precariously off the side of the freeway.   Firefighters had to remove a 10-year-old girl, a 10-week-old baby girl, and a 36-year-old woman from the vehicle as it hung over the edge.  Citing official sources, KTLA reported all three of the victims were taken to Santa Barbara Cottage Hospital.  The woman, identified as Kelli Lynne Groves, and the 10-year-old girl suffered major injuries and were flown to the hospital, but the 10-week-old girl was "conscious and alert" at the scene and sustained only minor injuries.  The big-rig driver sustained fatal injuries after his vehicle went through the guardrail and plunged to ground below, bursting into flames.  

See the KTLA news story and photographs HERE.  

The precise circumstances surrounding the accident above are not yet known.  However, when a vehicle strikes another from behind there is a presumption of negligence on the part of the driver who collides with the vehicle ahead.  In general, the fact that the operator of a vehicle runs down the vehicle ahead of him furnishes some evidence that he either was driving at too high a rate of speed, or that he was following too closely the vehicle ahead of him.  This is a rebuttable presumption, and evidence that the driver ahead suddenly stopped or suddenly decreased the speed of their vehicle on a highway without first giving an appropriate signal may factor into the determination of fault.  In the case above, an analysis of witness statements, roadway skids, metal deformation and other reconstructive elements will allow law enforcement and the parties involved to determine the cause of and fault for this tragic accident.  

Compensation for the victims of serious, rear-end automobile accidents caused by careless or inattentive drivers should be an important concern for all Californians. When a driver operates their vehicle at a speed unsafe for the conditions, they should be held accountable for the injuries and damages they cause.  An Orange County injury lawyer with experience at handling such cases can make a fair assessment of these claims. Mr. Ralph has more than 20 years of experience handling freeway accident cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been seriously injured in a rear-end automobile accident?

Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.  This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

Orange County Police Van Involved in Accident

Yesterday morning a Huntington Beach police van carrying five prisoners was hit by a white Toyota Camry at the intersection of Ward Street and Ellis Avenue in Fountain Valley.  All of the passengers were taken to area hospitals, and the driver of the Camry and one prisoner suffered traumatic injuries, according to a report by the Orange County Register.  The van was apparently transporting prisoners from Huntington Beach jail to the Orange County Detention Center when an unlicensed driver, Juan Ruiz of Santa Ana, ran a red light and crashed into the van.  Citing official sources, the Register reported that Ruiz was traveling southbound on Ward Street at about 40 miles per hour when he ran through a red light and collided with the police van.  


See the Orange County Register article and photographs HERE.


From the photographs taken at the accident scene, it is easy to understand how those aboard the police van could have sustained traumatic injuries.  The front of the police van and the front of the Camry were essentially demolished in the crash.  Even restrained passengers in an accident of this magnitude would likely suffer acceleration-deceleration type injuries.  As for responsibility, it would appear eyewitness accounts and physical evidence at the scene have led investigators to conclude Ruiz was to blame for the collision.  While his status as an unlicensed driver does not necessarily demonstrate fault, it may suggest a lack of driver training and experience contributing to the happening of the accident.  Ruiz apparently failed to keep his eyes on the road and the traffic signal ahead as he was traveling a reported 40 miles per hour.  From the photographs, it looks like it was foggy at the time of the accident and perhaps Ruiz did not adjust his speed to account for the limited visibility.


Compensation for the victims of serious automobile accidents caused by negligent drivers should be an important concern for all Californians. When a driver operates their vehicle without paying careful attention to the roadway, they should be held accountable for the injuries and damages they cause. An Orange County  injury lawyer with experience at handling such cases can make a fair assessment of these claims. Mr. Ralph has more than 20 years of experience handling Orange County automobile accident cases, including those involving intersection collisions. He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been seriously injured in an Orange County automobile accident?

Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.

Pit Bull Injures Little Boy in Orange County

Last night, a 2-year-old boy was attacked by a pit bull at a home in Fullerton.  According to a story in the Orange County Register, the attack left the little boy with a 7-inch cut on his head.  The unidentified boy was treated by paramedics before being transported  to a nearby hospital.  Apparently, when animal control officers arrived to look for the dog they also found marijuana being grown, and the Fullerton Police Department processed the house.   According to the Register article, the boy's mother told police she was house sitting for a friend and did not live at the location. 

See the Register article and photographs HERE.

Once again, an innocent child has fallen victim to a vicious pit bull attack.  It is nothing short of infuriating that an animal with such a reputation for aggression is allowed, unrestrained and unsupervised, in the company of a small child.  While it remains to be seen where on this boy's face the wound was inflicted, a 7-inch cut or bite wound could be disfiguring and noticeable for a lifetime.  Only a number of months, if not years, of healing and perhaps scar revision can potentially erase the physical scars, but the emotional toll may last a lifetime.  Assuming the homeowner/dog owner was covered by a policy of insurance (that did not specifically exclude coverage for pit bulls, which some policies do), this little boy would appear to be entitled to a substantial recovery, providing at least some form of compensation. 

Compensation for the victims of vicious dog attacks should be an important concern for all Californians.  When an innocent victim is attacked and seriously injured (physically and emotionally), the dog’s owner should be held accountable for all of the injuries and damages suffered.  An Orange County injury attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has more than 20 years of experience handling personal injury cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a family member been a victim of a dog bite or attack?

Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.

Pepper Spray Incident at Walmart Could Have Been Avoided

KTLA news is reporting that the woman suspected of perpetrating the pepper spray incident during a Walmart Black Friday sale may have acted out of necessity.  According to the story, a Los Angeles Police official is quoted as having said, "There was no control. People were getting stampeded and trampled. There were people screaming, yelling that they were being trampled or crushed. This woman may have fired her pepper spray in self-defense."  Initially, media reports and public sentiment seemed to suggest 32 year-old Elizabeth Macias had acted out of malice or a reckless desire to secure an X-Box console during a buying frenzy.  This may not have been the case.

See the KTLA news story HERE.

When a business owner creates or at least allows a potentially volatile situation to exist on their property, ultimately causing injury to someone, they may be held liable.  Under California law, in general a business owner has a duty to use reasonable care to protect patrons from another person's harmful conduct on the owner's property if the business can reasonably anticipate such conduct.  In the case above, it seems a reasonable inference that Walmart could foresee a Black Friday sale of X-Box consoles, if not well controlled, could get out of hand and lead to customer injuries.  Beyond this, assuming that store employees actually witnessed the shoppers were getting unruly and acting aggressively toward one another before the release of the pepper spray, then Walmart could be liable for failing to intervene in time to avoid the injuries that followed.

Compensation for the victims of criminal assaults, occurring on business property, should be an important concern for all Californians. When a business patron is injured because protective measures were not taken by a business owner, the owner should be held accountable and compensation paid to the victim.  An Orange County injury lawyer with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has more than 20 years of experience handling personal injury cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a family member been a victim of an assault that could have been prevented?

Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.

Urgent Care Doctor Accused of Molesting Patients

According to a recent KTLA news story, an urgent care doctor at Loma Linda University Faculty Medical Group has been arrested and now stands accused of sexually molesting a number of his female patients.  The doctor, Ramon Fawzi Fakhoury, 35, has only been in practice in California since 2003.  The alleged assaults reportedly took place in June and July of this year.   One of the alleged victims is a 32-year-old woman who was treated by Fakhoury for chest pain in July. Two days after she was seen, the alleged victim reported to police that Fakhoury sexually assaulted her during the exam.  Fakhoury is now facing eight felony charges, and the Attorney General's office has filed a formal Accusation against him with the California Medical Board, claiming professional misconduct involving at least four patients.  Authorities say there may be additional victims.


See the KTLA news story HERE.   You can also review the documents filed with the Medical Board HERE.


The information on the Medical Board's website indicates Fakhoury is a graduate of a Caribbean medical school who has only been licensed as a physician for eight years.  It does not appear he had any history of discipline as of the time he reportedly molested at least four patients while working at the Loma Linda urgent care facility.  However, it is unknown what history of similar incidents may have been reported to other employers or medical groups with whom Fakhoury worked in the past.  According to the Medical Board's investigation, Fakhoury only worked at the Loma Linda urgent care for two months, between June and July of this year.  The Medical Board's website lists Fakhoury as practicing in family medicine, with no apparent board certification.  Assuming the truth of the allegations against him, Fakhoury could be facing considerable civil and criminal responsibility for the sexual assaults.  It remains to be seen whether Loma Linda University was negligent in hiring, training and/or supervising Fakhoury so as to cause or contribute to the happening of these incidents.


Compensation for victims of sexual assault perpetrated by a physician should be an important concern for all Californians. When a doctor molests a patient and causes them physical and/or emotion harm, they should be held accountable. An Orange County medical malpractice lawyer with experience at handling such cases can make a fair assessment of these claims.   Mr. Ralph has over 20 years of experience handling personal injury and medical malpractice cases, including just this type. He can be reached at 714-919-4415 for a FREE CONSULTATION.


Have you or a loved one been the victim of a sexual assault at the hands of a doctor?


Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.

Pregnant Mom and Husband Arrested for Shoplifting Sandwiches

Last Wednesday, a 28 year-old, pregnant mother, Nicole Leszczynski, and her husband, Marcin, were arrested at a Safeway store in Honolulu for shoplifting when they forgot to pay for two sandwiches they ate while shopping.  To make matters even worse, because their 2 year-old daughter was with the couple when the incident occurred, she was taken away from her family and into state custody.  The Leszcynski family had only recently moved to Hawaii from California when the now nationally publicized incident occurred.  Nicole and Marcin were handcuffed, taken to the police station and released only after paying their bail and being held for several hours.

See the AP/Yahoo News story HERE.

In California, and in Hawaii, the crime of theft or shoplifting requires that the actor intend to permanently deprive the owner of their property.  In the case above, assuming that the Leszczynskis intended to pay for the sandwiches but simply forgot the wrappers in the cart at the check-out line, there was no crime.  In that scenario, their intent was not to deprive Safeway of their property.  Their actions in eating the sandwiches openly while shopping would seem to suggest they were not intending to conceal a crime.  Instead, their condcut would be consistent with an honest mistake, a lapse of memory.  Under the law, generally there must be a nexus between the act required to commit a crime and the intent to do so.

While it would appear there may not have been a crime committed, the store security involved in the Leszczynskis' apprehension was likely entitled under the law to detain the couple.  However, under the law in Hawaii, just like California, the store owner or their agent is only permitted to detain someone for a reasonable length of time to conduct an investigation, the so-called "merchant's privilege.".  Once it is determined no crime has been committed, however, the person or persons detained should not be formally arrested and charged with a crime.  In California, if the store agent goes beyond the limits of the merchant's privilege and prosecutes a patron unlawfully, the store can be held liable for false arrest and perhaps a host of other civil wrongs.

Compensation for the victims of store security misconduct should be an important concern for all Californians.  When an innocent patron is apprehended and then arrested by security, without adequate cause, the retailer should be held accountable and compensation paid to the victim.  An Orange County false arrest attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has more than 20 years of experience handling personal injury cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you been a victim of an unlawful arrrest or detention by store security?

Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.  This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case. 

Huntington Beach Auto Accident Injures Five

Five people were injured in an apparent DUI-related crash early this morning.  According to a report by the Orange County Register, Huntington Beach police were summoned at about 1:30 a.m. because of a traffic collision with injuries on Beach Boulevard near Newman Avenue.  According to the news report, citing the preliminary investigation, the driver of a Toyota Camry, identified as Forrest Leland Kelly, 22, was traveling north on Beach Boulevard when he broadsided a Dodge Durango going the opposite direction.  The driver of the Dodge, identified as 28-year-old Thomas William Barrett, of Costa Mesa, had three passengers inside and was preparing to make a U-turn at Newman Avenue when the collision occurred. The impact was severe and caused the Dodge to overturn in the roadway.  Paramedics transported the five people with injuries, including Kelly, to local hospitals, where they were all listed in stable condition.

Kelly, from Huntington Beach, later was arrested on suspicion of DUI, police said.  According to a check of the Orange County Superior Court website, Kelly has a history of traffic and alcohol related priors, including a pending public intoxication charge.  Anyone with information regarding the accident is urged to call the H.B. Police Department's traffic bureau at 714-536-5666.

See the Orange County Register article HERE.

It remains to be seen how badly those in the Dodge were injured and exactly what charges may be brought against Kelly.  Assuming the preliminary report is correct and he was driving while intoxicated, Kelly could be charged with a felony.  Aside from his criminal reponsibility, Kelly may be liable for the injuries sustained by the occupants of the Dodge that overturned in the accident.  If it is proven Kelly was driving while intoxicated, and that accounted for the collision, he could be responsible for not only compensatory damages (pain, suffering, medical expenses, lost wages, etc.), but punitive damages as well.

Compensation for the victims of automobile accidents caused by a drunk driver should be an important concern for all Californians. When a driver operates their vehicle while under the influence and causes a serious or fatal accident, they should be held accountable.  An Orange County auto accident attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has more than 20 years years of experience handling Orange County automobile accident cases, including those involving intoxicated drivers.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

 Have you or a loved one been injured or killed in an Orange County motor vehicle accident?

 Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.

Bus Collision in Beverly Hills Injures At Least 15

Yesterday afternoon in Beverly Hills, perhaps as s many as 15 people were injured when two buses collided.  According to a story published by KTLA news, the accident happened at about 3:30 p.m. when a Metro bus rear-ended a double-decker City Sights LA tour bus on Wilshire Boulevard.  Reportedly, the tour bus was parked at the time of the crash, and there were no passengers aboard.  Citing official sources, KTLA reported that of the 20-25 people aboard the MTA bus, 15 complained of injuries such as cuts and bruises.  Of those injured, 9 were taken to a local hospital for evaluation and treatment.  None of the injuries were described as life-threatening.


See the KTLA story and photographs HERE.


Under California law, bus owners and operators (including those associated with public entities such as the MTA) must “use the utmost care and diligence for their passenger’s safe carriage, must provide everything necessary for the purpose, and must exercise to that end a reasonable degree of skill.”   Bus companies and public entities operating bus lines are known in the law as “common carriers”.  When they undertake the business of transporting the general public they bind themselves to carry safely those whom they take into their vehicles, and owe both a duty of utmost care and the vigilance of a very cautious person towards their passengers.   Such carriers are responsible for any, even the slightest, negligence and are required to do all that human care, vigilance, and foresight reasonably can do under all the circumstances.  This is an exceptionally high legal standard, and any violation of the California Vehicle Code would likely be sufficient for a finding of negligence.  In the story above, it seems likely the driver of the MTA bus was not driving at a speed safe for the conditions and was not able to stop in time once he or she realized the tour bus was actually parked.


Compensation for the victims of bus accidents, caused by another’s negligence, should be an important concern for all Californians.  When a bus driver operates their vehicle in a careless or reckless manner, they should be held accountable. An Orange County bus accident attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years of experience handling personal injury cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.


Have you or a loved one been injured in a bus accident caused by neglect?


Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.

Auto Accident in San Juan Capistrano Leaves One Dead

One person was killed after a Jeep reportedly ran a red light at a high rate of speed and later crashed, landing on top of a building at Marco Forster Middle School in San Juan Capistrano. According to a report in the Orange County Register, the accident happened at about 3:40 p.m. Tuesday.  By the time emergency personnel arrived, the vehicle was fully engulfed in flames. The driver was able to get out of the car in time, but the passenger, despite the efforts of bystanders and emergency personnel, could not be freed immediately and was pronounced dead at the scene.


According to witnesses, after running the red light, the Jeep sideswiped another vehicle, went up a curb and then through a chain-linked fence before landing on top of the equipment shed at the school.  The names of the driver and passenger, both reportedly 21 years old, have not been released.  The exact cause of the accident is still under investigation.


See the Orange County Register article HERE.


The cause of this accident is still undetermined, and it remains to be seen why the Jeep was traveling at a high rate of speed and then through a red light.  Witnesses, including the driver, will have to be interviewed and a reconstruction of the accident will allow a final determination of the cause.  As with any serious or fatal accident, the investigating law enforcement agency is expected to do a thorough analysis, including an inquiry into whether or not drugs or alcohol played a role.


Compensation for the victims of automobile accidents caused by a driver’s negligence, should be an important concern for all Californians.  When a driver negligently or recklessly causes a traffic accident and death results, the driver should be held accountable.  An Orange County auto accident attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has more than 20 years of experience handling personal injury cases, including those for wrongful death.  He can be reached at 714-919-4415 for a FREE CONSULTATION.


Have you or a loved one been seriously injured or killed in an automobile accident involving an impaired or reckless driver?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.