Articles Posted in California

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By Carl L. Brown, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

education%20day%20care%20school%20green%20back%20pack.jpgIn California and other States, there are some remarkable teachers and school employees who are working hard to protect the safety and welfare of children. If a person decides to work in a school system, the safety of a children should be a paramount concern for teachers, administrators, support staff, volunteers, parents, and custodians. In Las Cruces, California, Jerry Rios, a custodian employed at César E. Chávez Elementary School is credited with saving a kindergarten child (Dominic Lujan) from serious personal injuries when the child’s jacket was caught in the door of a vehicle in the car pool line. Rios, who recognized the danger of the situation, jumped in front of the vehicle to make sure that it stopped. Mr. Rios was later honored for his heroism and quick thinking by the school and administrators. You can read more about this story at Custodian Saves Kindergarten Student from Serious Personal Injuries – Las Cruces, California.

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By Scott A. Marks, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

medical%20health%20x%20ray%20of%20side%20of%20skull%20head.jpgSan Luis Obispo County, California high school and doctors are using a program to help doctors and coaches better manage student athletes with concussions. The program provides brain testing for student athletes BEFORE there is an injury or concussion. With this baseline testing in place, doctors are better able to determine the objective effects of a concussion after the injury takes place. A similar program is in effect for the National Football League.

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By David Wolf, Attorney
Published by Child Injury Lawyer Network

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It is January and many cities and States are bracing for the Winter chills and snows with the associated chilly weather. Other States like California, Florida, and Hawaii enjoy warm weather year round in most parts of the State. A recent article posted at the Woodburn (Minnesota) Independent noted that swimming lessons help reduce the risks of drownings. It should be noted that water is present year round. A child should drown in the winter time as easy as he or she could in the summer time. Swimming lessons should be provided to a child as soon it is practical to do so. If swimming lessons are offered for your child’s age group, go ahead and get your child signed up. While swimming lessons will not prevent drownings in every instance, swimming lessons can help avoid tragic drownings and can save a life.

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By David Wolf, Attorney
Published by Child Injury Lawyer Network

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A California judge ruled that Roman Polanksi must return to California for sentencing. It is certainly interesting how Polanski and his attorneys have litigated and argued his case. What has been absent from the arguments and posturing of his attorneys is a factual defense as to the incident itself. Did Roman Polanski have sex with a 13 year old girl? It does not appear that there have been any denials that Roman Polanski acted inappropriately and illegally regarding this acts. The arguments that have been put forward have been that there was a deal in place with the prosecution and Judge, that 40 years have passed since the incident, and that Polanski is a famous director who has made wonderful films. Polanski should return to California and face the consequences of his acts regardless as to where and when they happened. See Judge Says Polanski Must Return for Sentencing.

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By Scott A. Marks, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

street%20light%20red%20traffic%20light%20white%20background.jpgIn California, traffic signals and devices should be obeyed by drivers. The simple act of running a red light can be quite deadly. In Novato, California, Steven Culbertson, age 19 from Lakeville, California, first hit a car stopped for a light and then drove through the red light and into the intersection. Then, Culbertson in a BMW Mini Cooper crashed into a mini-van occupied by the Maloney family. The father (Johnathan Maloney – age 45), the mother (Susan Maloney – age 42) and two children (Grace and Aiden) died as a result of the impact according to the California Highway Patrol.

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By Scott A. Marks, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

education%20day%20care%20school%20green%20back%20pack.jpgIn Cupertino, California, a 5 year old child was run over by a teacher. Tragically, the 5 year old died. It was later determined that the day care center, Elite Chinese School, did not have a day care license. Elite has a business license but did not have the separate California day care license. As such, the State of California never inspected the facility or its grounds for safety or compliance with the applicable day care center guidelines and regulations. The accident at issue is also under investigation.

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By Scott A. Marks, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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In Richmond, California, police and investigators continue to search for witnesses and participants in a horrendous gang rape incident that took place outside of a homecoming dance. Police recently reported that at least 10 participated in the assault while 10 others watched. What a terrible and unforgivable incident? The ten who participated are criminals and should serve time for their crimes. The victim was 15 years old. An interesting law passed in 1999 in California makes it a crime for the failure to report a crime committed against a child 14 and under. While the witnesses may not have committed a crime under this law, their lack of action and contribution as spectators should certainly be scrutinized and categorized as a crime if possible under other California statutes, ordinances, and / or case law. Forensic evidence has been collected which includes DNA evidence of several of the criminals involved in the assault. It was reported that the assault took place over a 2 1/2 hour time period. Even the Richmond, California School District has admitted some liability for these acts by the statements of Charles Ramsey, a member of the Richmond School Board. Mr. Ramsey stated that the school district bears some responsibility for the attack (assault) based on the lack of or inadequate supervision in the area of the attack. You can read more about this story and the related investigation at As Many As 20 Involved in Assault on 15 Year Old California Girl Outside of Homecoming Dance.

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By Scott A. Marks, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

Conviction.jpgIt took less than one hour for a Tulare County jury to return a guilty verdict in this shocking California case. Nancy Ortiz, 24, of Orosi, California was found guilty on second degree murder and felony child abuse charges after she abandoned three of her children.

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By Scott A. Marks, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

Education%20Day%20Care%20Building%20Block%20G.jpgIn California and other States, day care centers should be places of safety and education for children. Day care centers should not be places for illegal drugs or bomb making materials. The California Inland Island Child Care Regional Office recently ordered the closure of a day care center with such criminal activities. The Kuzelka family operated a day care center but did not limit their business or entrepreneur activities to child care. Law enforcement officials found bomb making materials and marijuana at the home / day care center as part of an investigation following a report that Benjamin Kuzelka blew off most of his hand Wednesday night with a liquid explosive that he was making in his garage.

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By Scott A. Marks, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

US%20State%20Flag%20California.jpgCalifornia regulators file a complaint against the YMCA Children’s Station after two toddlers wandered off during an outing and were found on nearby railroad tracks. The day care center took these children and other children enrolled in the day care program to a local park. The two children wandered away but were found by others. Fortunately, the children did not suffer any serious personal injuries. The children were unsupervised and could have been abducted. The fact that the child were not seriously harmed or abducted does not and should distract from the danger that they were put in by the failed supervision. Further investigation by the Department of Social Services revealed that the day care center did not have the proper staff in place and were also deficient in its polices and procedures for signing in and out of the children.

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