Archive for November, 2009

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Taser Played Role in Man's Death, Lawsuit Filed by Sammer Habbas

Saturday, November 14th, 2009

The following are snippets from an article published on pe.com:

Marlon Acevedo, 35, was high on PCP when he clashed with Riverside police one year ago on Halloween, according to the coroner’s report. He was in the street screaming at passing cars, and officers struck him with batons and shocked him several times, the report said. He died at a hospital less than an hour later…

Samer Habbas, the attorney representing Acevedo’s relatives, said they have sued the Police Department, Chief Russ Leach, officers Daniel Koehler, Jeffrey Ratkovich and James Heiting, and others. The complaint alleges the officers violated Acevedo’s civil rights, wrongfully caused his death and used excessive force — with batons and the Taser — among other accusations.

“We’re talking about a mentally incapacitated person,” Habbas said. “They immediately took an aggressive approach.”

“Because he has PCP in his system, he no longer is going to be considered a human being?” Habbas said.

You can read the full article here: Taser played role in man’s death, report states

Follow our blog for updates on this case and other cases at the Law Offices of Samer Habbas.  If you have a case related to police brutality or wrongful death in Southern California, please contact our offices at 888.848.5084.

Oak Park Student Critically Injured in Pedestrian Accident

Thursday, November 12th, 2009

An Oak Park sixth grade student was in critical condition at Los Robles Hospital & Medical Center in Thousand Oaks after a vehicle struck him while he was walking to school. This article published in the Ventura County Star reports that the 11-year-old boy tried to cross the street toward Medea Creek School about 8:15 a.m. when he was hit near Doubletree Road and Hollytree Drive. Officials with the California Highway Patrol said the boy was approximately 300 yards from the school’s campus when the pedestrian accident occurred.

The CHP reported that the driver of the vehicle that struck the boy is a 41-year-old Oak Park woman who was not injured in the pedestrian accident. According to the CHP, the driver was westbound on Doubletree traveling about 20 mph when the boy got out of the passenger side of his mother’s vehicle. The vehicle struck the boy as he attempted to cross the street to go to school. The boy was scheduled to be transferred to Childrens Hospital in Los Angeles.

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Errors and Inconsistencies Found in Official Metrolink Records

Tuesday, November 10th, 2009

A Los Angeles Times article published in late September reports that Metrolink’s official record of train accidents, injuries and deaths is incomplete and inaccurate due to inconsistencies mostly hidden from view. Their records make train operations in and around the Los Angeles area appear to be safer and less dangerous than they are. The records indicate that only four of every ten fatal train accidents were reported to the Federal Railroad Administration that posts the information on its website. A thorough examination of Metrolink’s records showed that at least 117 Metrolink pedestrian deaths and 6 vehicle deaths do not appear in the FRA’s records.

The FRA requires train operators to file reports for a wide range of events, such as accidents at grade crossings, accidents that result in damage to railroad equipment and train accidents that result in a loss of life with the notable exception of train accidents that are ruled as suicides. The Times also found that electronic files of Southern California’s rail system downloaded from the FRA’s Web site are riddled with errors—such as hundreds of rail crossings that are far from any railroad tracks. In more than 100 cases, Metrolink records had differing dates, times or victim names for what appeared to be the same train accident.

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Underinsured Motorist Auto Accident Settlement $425,000.00

Monday, November 9th, 2009

Attorney Samer Habbas resolved an auto accident case which took place on the SR-60 in the city of Pomona for $425,000.00.  The client was the driver of a vehicle rear-ended by an underinsured motorist. As a result of the collision, client suffered injuries to the lower back.  After obtaining the policy limits of the driver at fault, Attorney Habbas filed on behalf of his client for underinsured motorist arbitration. The claim was resolved in mediation for the total amount of $425,000.00.

California Motorcycle Accident Kills Husband and Wife

Thursday, November 5th, 2009

A recent KERO Channel 23 report said that a man—known and respected for his charitable contributions— and his wife were killed in a motorcycle accident. The 58-year-old Bakersfield man and his wife died around 10 a.m. on September 16, 2009 as they traveled to a weekend conference aimed at promoting motorcycle safety. The man was the president of the Bakersfield Toy Run, an organization dedicated to collecting food and toys for families in need.

California Highway Patrol officers said in their report that the man and his wife were on a motorcycle southbound on Sierra Way. At that moment, a 74-year-old woman was driving her Buick north on the same road when she lost control of her vehicle and collided head-on with the couple on the motorcycle. The man and his wife were thrown from the motorcycle. The man was taken to Kern Valley Hospital where he died of his injuries a few hours later. His wife was airlifted to Kern Medical Center where she died of her injuries. The driver of the Buick suffered injuries described as minor.

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