Archive for May, 2009

$250,000 Auto Accident Settlement

Wednesday, May 20th, 2009

California Auto Accident Attorney Samer Habbas settled an auto accident which took place on the I-40 Needles freeway for $250,000.00. Client was a passenger in a one vehicle roll-over. Client suffered a C1 compression fracture of the neck that resulted in no surgery.

Popular Beach Home to Dangerous Train Crossing

Tuesday, May 19th, 2009

According to the Ventura County News, the site where a teen was struck and killed by a train may pose additional safety hazards to pedestrians walking near the tracks.

Emma Wood State Beach-north of Ventura-lies next to a stretch of railroad tracks owned by Union Pacific Railroad. The tracks take a wide turn as they pass under the Pacific Coast Highway. The arrangement of tracks, highway and retaining walls may make the warning signals of an oncoming train difficult to see or hear.

These conditions may have been contributing factors in the death of Amanda Shoemaker, a teenager from Ventura. On April 28, 2009, Shoemaker was struck and killed as she walked along the tracks. Witnesses to the accident said that it seemed as if Shoemaker and another teen walking with her could not hear the train blowing its horn even though the witnesses could hear the train approaching and sounding its horn.

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An End to Forced Nursing Home Arbitration?

Thursday, May 14th, 2009

In an open letter to the United States Senate, the National Citizens’ Coalition for Nursing Home Reform (NCCNHR) has unequivocally stated its support for the Fairness in Nursing Home Arbitration Act (S. 512/H.R. 1237). The proposed legislation pursues the abolition of forced arbitration language from nursing home contracts. These contracts, which are signed before an elderly person can receive care in a nursing home or assisted living facility, often contain legal language that forces the families of those harmed or killed by nursing home neglect and elderly abuse into preplanned arbitration.

Critics of forced arbitration claim that the practice short circuits the right to a jury trial. When someone signs a contract with this forced arbitration language buried in the contract terms, he or she is giving up substantial rights to litigate.

The right to sue in the event of negligent or harmful service is one of the powers that consumers have over service providers. When that power is taken away by forced arbitration clauses buried in contracts the consumer suffers, as the NCCNHR states in its open letter:

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Bus Accident Lawsuit Settled for $38,000

Wednesday, May 13th, 2009

Orange County Bus Accident Lawyer Samer Habbas settled a claim against the Orange County Transportation Authority for $38,000, in which the client suffered “soft tissue” injuries as a result of a collision with a parked vehicle.

Quest for Justice on the Open Seas

Tuesday, May 12th, 2009

The Half Moon Bay Review tells the story of a woman who refuses to give up on her quest for justice concerning the unsolved boating accident that claimed the lives of her brother and another fisherman.

Elizabeth Pennisi-Nozicka claims that her brother, Captain David “Rowdy” Pennisi, was the victim of a collision between his boat (the Relentless, a small fishing vessel) and a transoceanic shipping freighter. In 2004, Pennisi and another fisherman steered out into the waters off Half Moon Bay, CA, and disappeared. Scraps of lumber from the boat were later discovered near the boat’s last known location, which is less than two miles from a busy shipping lane for international shipping freighters.

Coast Guard officials investigating the disappearance of Pennisi and the Relentless have found no conclusive evidence to support Elizabeth Pennisi-Nozicka’s claims. In spite of this lack of support from the Coast Guard, Pennisi-Nozicka has continued in her quest for justice in the matter of her brother’s death.

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