Update: Suspect Arrested In Connection With Death of High School Coach

An arrest has been made after one man was killed in a dispute outside the Albatros Mexican restaurant in Lake Forest on June 11th.  The victim,  26-year-old Elvis Kechechian of Mission Viejo, was fatally stabbed outside the restaurant after an altercation began inside.  A second victim was taken to the hospital in critical condition.  KTLA news reported the suspect, Justin Tombleson, has been taken into custody and charged with the murder.  Tombleson appears to have a history of violent crime, going back to 2003, at least according to a search of the Orange County Superior Court website.

See the KTLA story HERE.

Aside from Tombleson's potential liability for the stabbings, the Albatros restaurant may also have exposure to a civil lawsuit for wrongful death, and for the injuries sustained by the critically injured victim.  Depending on what went on inside the restaurant before the violent altercation outside, the owner of the Albatros could be liable for having been negligent in failing to protect to the two victims.  This liability, if any, will depend on the nature of the altercation inside, the length of time over which it took place and the steps taken, if any, by employees of the Albatros to prevent the death and serious injuries that eventually did occur.

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 proprietor invites guests onto their property they should be held accountable if they fail to provide a reasonably safe environment, especially when they can prevent or effectively intervene in a criminal assault.  An Orange County injury 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 and wrongful death cases, including just this type.  Mr. Ralph 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 business establishment?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 High School Coach Killed Outside Restaurant

At about 2:00 a.m. on June 11th, a dispute broke out inside the Albatros Mexican Restaurant located on Rockfield in Lake Forest, resulting in the fatal stabbing of a patron.  According to a report by KTLA news, Elvis Kechechian, 26, of Mission Viejo tragically died from his wounds inflicted after the argument got physical outside the restaurant. Another victim was rushed to a local hospital in critical condition.   Kechechian had been coaching ice hockey at Santa Margarita Catholic High School since 2010, according to school officials.  He was described and will be remembered as “compassionate, dedicated, sweet and soft-spoken, Elvis was proud to be part of Santa Margarita’s ice hockey program and enjoyed celebrating the successes of the players and team,” the school’s statement said.

See the KTLA story HERE.

It is currently unknown what exactly transpired inside the Albatros restaurant, but apparently the argument must have been intense as it ultimately resulted an extremely violent altercation just outside.  The attacker, or attackers, would obviously be liable both civilly and criminally for the death and critical injuries inflicted, and at least potentially the restaurant owner/operator could be exposed to civil liability for the damages resulting from this violent altercation.  Under California law, a business proprietor owes a duty to their patrons to 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.  If the place or character of the business, or the proprietor’s past experience, is such that they should reasonably anticipate criminal conduct on the part of third persons, either generally or at some particular time, the business operator may be under a duty to take precautions against it, and to provide a reasonably sufficient number of  employees to afford reasonable protection.  In other words, if a business operator is aware a criminal assault is likely to occur or is occurring on their property they must take reasonable steps to prevent harm to their patrons.  This duty may obligate the business to provide security officers or, at a minimum, notify the police when necessary.  A failure to fulfill this duty is negligence for which the business owner may be held liable.

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 proprietor invites guests onto their property they should be held accountable if they fail to provide a reasonably safe environment, especially when they can prevent or effectively intervene in a criminal assault.  An Orange County injury 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 and wrongful death cases, including just this type.  Mr. Ralph 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 business establishment?

• 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.

Victim Stuck Inside Car After Aliso Viejo Crash

A man reportedly was stuck inside a car that had been involved in a two-car, Orange County collision, in the City of Aliso Viejo.  According to a story in the Orange County Register, one of the vehicles struck a pole, which then apparently fell on top of the car.  The collision was reported at 6:26 p.m. on June 10th at the intersection of Aliso Creek Road and Pacific Park Drive.  It was one of several car accidents reported at that intersection during the past week.

See the Register story HERE.

Aliso Creek Road, in Aliso Viejo, has been the location of a number of serious automobile accidents in the past.  By way of example, going back more than 16 years, a horribly tragic auto accident occurred on Aliso Creek Road, just south of its intersection with Windsong.  That two-car collision claimed the lives of 3 teenagers, ages 14, 15 and 16.  The 16 year-old driver lost control of his Ford Mustang in a curve, causing it to slide into opposing traffic lanes where it was struck by an oncoming Camaro.  All three occupants of the Mustang (the male driver and two female passengers) were killed instantly, in one of the most heart wrenching accidents in South Orange County history.  Neither drugs nor alcohol were involved in the happening of that accident.  See the related LA Times article HERE.

Compensation for the victims of automobile accidents caused by a driver’s negligence and/or a dangerous roadway, should be an important concern for all Californians.  When a careless driver negligently or recklessly causes a traffic accident and serious injuries or death result, the driver should be held accountable.  Where a dangerous roadway causes or contributes to the occurrence of an accident, the public entity should be held  liable as well.  An Orange County auto 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 those involving dangerous roadways.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been injured in an automobile accident involving a careless driver or a dangerous roadway?

• 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 Anesthesiologist Accused of Molesting Patients

The Orange County Register has reported that an anesthesiologist suspected of sexually abusing two female patients during surgeries at Placentia-Linda Hospital was arrested  a month after he resigned from the hospital’s staff.  The doctor, Yashwant B. Giri, 58, is facing felony counts of sexual battery and penetration with a foreign object after being taken into custody as he drove away from his Cypress.  Citing official sources, the Register reported hospital employees apparently witnessed Giri sexually abusing a 16-year-old girl in February 2009 and a 36-year-old woman on March 18th of this year.  Investigators allege that he sexually abused the woman during a medical procedure and the girl after a surgery while she was still under the influence of anesthesia.

See the Register story and photo HERE.

According to the California Medical Board website, Giri has been in practice in California since 2004, with no history of discipline.  He received his medical degree from a school in India in 1977, and practices primarily in anesthesiology.  He is apparently not board certified in any medical specialty.  Other than the incident in 2009, it would appear that the hospital administration at Placentia-Linda had no reason to suspect the doctor was a sexual predator.  However, it remains to be seen what investigation was done into the allegations from 2009 and what steps, if any, were taken to protect female patients from being victimized.  Ordinarily, an employer is not liable for the sexual abuse committed by their employees, unless they knew or had reason to know of a propensity to commit such acts.  Assuming the hospital administration failed to take reasonable steps to prevent the victimization of female patients at the hands of Giri, Placentia-Linda may be held liable for the harm the doctor caused.  Obviously, Dr. Giri would be individually liable for his own acts of sexual abuse, if the allegations prove to be true.

Compensation for victims of sexual abuse and harassment committed by physicians should be an important concern for all Californians.  When a doctor engages in sexual abuse they should be held accountable, and their victims should be compensated.  An Orange County malpractice attorney with experience at handling sexual abuse cases can make a fair assessment of these claims.  Mr. Ralph has 20 years of experience handling personal injury and sexual misconduct cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been a victim of sexual misconduct by 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.

Hit and Run Accident in Temecula Area Claims Two Lives

The Press Enterprise has reported a couple was killed late Friday night near Temecula when the car they were driving was reportedly struck head-on by a hit-and-run driver.  Citing official sources, the Enterprise reported the victims in the crash, Carlos and Laurie Castro (both in their 50s), were driving a 2004 Honda Civic east on Glenoaks Road west of Bella Vista Road, just a few miles from their home when the crash occurred.  A westbound 1997 Chrysler Sebring apparently crossed into their lane, striking the Castros’ car head-on.   The driver of the Sebring was described by witnesses as getting out of his car and running from the accident.  According to police, an open container of alcohol was found in the vehicle.  Both Castros died at the scene.  Citing the CHP’s incident information website, the Enterprise story describes the suspect as a Hispanic male, about 30 years old, 5-foot-10, 190 to 200 pounds, with dark, wavy hair, wearing an orange and white striped shirt and white tennis shoes.  Police are asking for the public’s assistance in apprehending the suspect.
See the Enterprise story HERE.

While the accident is still under investigation, it would appear the unidentified driver of the Sebring caused this accident by perhaps committing two unlawful acts:  driving while under the influence and violating the Castros’ right of way by crossing into their lane.  Assuming that the suspect was under the influence (which may difficult to prove at this point), then he could be charged with a number of felonies relative to this accident.  Unfortunately, a conviction will not actually compensate the Castros’ family for their loss.  A civil action for wrongful death would have to be pursued in order to recover monetary compensation for the family.  Under California law, the surviving family members are entitled to seek damages for the loss of society, care, comfort, affection, love and support lost as a result of the fatal accident.  While juries are not called upon to assess the value of human life in such cases, they are assigned the difficult task placing a monetary value on the lost relationship, which is all the law allows.

Compensation for the families of fatal hit and run accident victims should be an important concern for all Californians.  When a carelessly causes an automobile accident and then flees the scene, they should be held accountable.  An Orange County trial lawyer with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years years of experience handling personal injury and wrongful death cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you lost a loved one to a fatal 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.

Are Skechers' Shape-Ups What They Claim?

Like most of us, you have probably seen a number of ads for Skechers’ Shape-ups.  The company touts these toning shoes as being able to improve the wearer’s health in a wide range of ways.  From improving posture to reducing fat, the Skechers’ Shape-ups are advertised as seemingly one of the best investments a consumer could make in their health.

However, studies which suggest the shoes provide little to no benefit are pouring in.  Critics, including licensed health care professionals, have linked the shoes to an increased risk of injury and falls.  One such study by the American Council on Exercise (ACE) was released in July of last year.  According to ACE, all three toning shoes tested (including Skechers’ Shape-ups) showed no statistically significant increases in either exercise response or muscle activation during treadmill trials, when compared to the normal athletic shoes tested.  The researchers found there was simply no evidence to indicate that the toning shoes offer any enhanced fitness benefits over traditional sneakers, despite studies cited by manufacturers seemingly “proving” the toning shoes’ effectiveness.  See the study summary at the ACE website.

As indicated in an earlier post, the Law Offices of Paul W. Ralph has filed what appears to be Orange County’s  first product liability lawsuit against Skechers, as a result of injuries sustained by a Shape-ups wearer.  Since that time, Mr. Ralph has received consumer reports from as far away as Chicago that they have experienced injuries/pain as a result of wearing Shape-ups.  The product liability action here in Orange County will be moving forward in discovery shortly and informative blog posts should follow.

Compensation for the victims of dangerously defective products, including toning shoes, should be an important concern for all Californians.  When a product, such as toning shoes, causes severe injuries or chronic medical conditions, the manufacturer 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 20 years of experience handling personal injury and product 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 injured by toning shoes?

• 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.

Fullerton High School Teacher Killed in Motorcycle Accident

According to a story in the Orange County Register, a beloved Fullerton Union High School teacher died today, more than three weeks after he was seriously injured during a traffic collision.  Jeff Rupp, a 58-year-old government and philosophy instructor and 2007 teacher of the year, was critically injured after colliding with a car while riding his 2003 Harley-Davidson motorcycle during the evening hours January 19th.  Rupp died just after 2 p.m. Friday, Orange County Coroner’s Office officials said.   The exact cause and location of his death weren’t immediately clear.

As for the circumstances surrounding the accident, police say Rupp was riding northbound on Euclid Street when the driver of a 2004 Hyundai sedan traveling southbound on Euclid made a left turn in front of him in the Malvern Avenue intersection.  Rupp, who suffered head injuries and broken bones in the collision, was taken to UCI Medical Center in Orange in very critical condition.   According to updates of Rupp’s condition posted on the Fullerton Union High School web page, Rupp was moved from the intensive-care unit at UCI Medical Center to a different facility early Friday but remained in a coma and nonresponsive.  Several hours later, the school posted “with a very heavy heart” that Rupp had passed away.

Police do not believe that alcohol, drugs or excessive speeds were factors in the crash but are investigating the driver of the Hyundai for failing to yield. No charges have been filed.
See the full story and photographs HERE.

It is very unfortunate that accidents just like the one above happen with alarming frequency.  Motorcycles simply are not as visible as automobiles and drivers often overlook their approach during their turning maneuvers.  It goes without saying that a motorcycle is no match for even a small passenger car when these accidents occur, and safety equipment (even DOT required helmets) cannot prevent serious injuries or fatalities.  In the situation above, the driver of the Hyundai had an obligation to comply with the requirements of California Vehicle Code § 21801, which provides in part:

(a) The driver of a vehicle intending to turn to the left or to complete a U-turn upon a highway, or to turn left into public or private property, or an alley, shall yield the right-of-way to all vehicles approaching from the opposite direction which are close enough to constitute a hazard at any time during the turning movement, and shall continue to yield the right-of-way to the approaching vehicles until the left turn or U-turn can be made with reasonable safety.

It seems a logical inference that the driver of the Hyundai violated this section, unless there are circumstances beyond the operator’s control that would have blocked his view of the oncoming motorcycle.
Compensation for victims of motorcycle traffic accidents, should be an important concern for all Californians.  When a driver operates their vehicle carelessly and causes an accident with a motorcyclist, they should be held accountable.  An Orange County trial lawyer with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years 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 an automobile versus motorcycle 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.