July 31, 2010 – SAN DIEGO — A 2-year-old boy was mauled to death by his family’s dog late Saturday morning inside a Tierrasanta home, police said.

The incident happened at 11:33 a.m. at a house on Lofberg Street in a military housing area just east of Interstate 15, said San Diego Police Department Sgt. Ray Battrick.

The boy, Aaron Carlson, was attacked in an upstairs bedroom in front of some or all of his three siblings: a 3-year-old brother and 5- and 7-year-old sisters, said police Lt. Rick O’Hanlon.

Their mother was laying on the downstairs couch of the two-story duplex when the oldest child alerted her to what happened, the lieutenant added. The father is a serviceman deployed overseas.

The victim was taken to Rady Children’s Hospital but couldn’t be saved, Battrick said.

“No criminal charges are pending,” O’Hanlan said. “It appeared the dog caused the injuries to the child. What provoked the animal to do this is unknown at this point.”

He said it was his understanding that there was no previous problem with the dog, a 1.5-year-old shepherd mix that the family has owned for about six months.

Authorities are investigating the incident, and the dog has been secured and will be taken away by animal control officers. Military security officers have restricted access to streets leading to the family’s home.

“At this point, it appears to be a horrible tragedy,” O’Hanlon said.

Sunday, July 25, 2010 — In November 2008, a professional driver for Pizza Hut suddenly drove her car into oncoming traffic in Clairmont, hitting the vehicle driven by Olena Novak head-on.

As a result of the crash, a mother and daughter, Olena Novak, at the time 87, and Shari Novak, at the time 62, suffered severe injuries.  Olena suffered a broken neck and Shari suffered permanent brain damage and can no longer feed herself, communicate or provide for her own daily care.

Attorneys for the Novaks filed a personal-injury lawsuit last year against the driver and her employer, California-based Pizza Hut Inc. The 18-year-old driver, who suffered minor injuries, was eventually dropped from the suit.

Pizza Hut says the crash occurred because the driver had a seizure, which caused her to blackout momentarily while driving. They say her medical condition was not diagnosed until after the collision. Though never diagnosed with a seizure disorder, the driver had an extensive history of “blackout” and “starting spells.”

On Tuesday July 27, 2010 a San Diego Superior Court jury will be asked to decide whether Pizza Hut is responsible for the Novaks’ injuries — as the plaintiffs’ attorneys contend — for failing to realize that the teen was an unfit driver when they hired her.

“Pizza Hut has the responsibility of putting safe drivers on the road, on our roads,” said John Gomez, lawyer for Shari Novak, during closing arguments last week.

He said the Novaks are entitled to unspecified damages, including lost wages, past and future medical expenses, and pain and suffering damages.

Representatives for Pizza Hut say the company did its due diligence when hiring the driver, Nicole Fisk, who had a valid California driver’s license, her own car — a Hyundai Elantra — and insurance.

“Pizza Hut did nothing wrong at the time they hired Nicole,” said James Yukevich, an attorney for the defendant. “The accident had nothing to do with training or supervision,”

Yukevich argued in court that the core issue is whether Fisk could know before the collision, on Clairemont Drive near Ute Drive, that she would be suddenly incapacitated by the onset of an epileptic seizure.

“Nicole, if asked, would have told Pizza Hut that she had no health problems that would affect her ability to be a driver,” he said.

Citing testimony from the case, Yukevich told the jury that Fisk went with her mother to a doctor in January 2007, complaining of “staring spells.” She saw several doctors between January and August 2007, when she reportedly had trouble breathing and at times was unresponsive, but she was not diagnosed with epilepsy.

“Nicole didn’t realize she was blacking out,” Yukevich said.

He said that it wasn’t until after the collision that she learned she was suffering from a “complex seizure disorder.”

Gomez said that Pizza Hut was shifting blame for its negligence to the doctors who treated Fisk and to the state Department of Motor Vehicles, which issued Fisk a driver’s license. He said that the DMV sets a minimum standard for California motorists and that Pizza Hut should have done more to ensure that Fisk, who was hired as a professional driver, was also a safe driver.

Gomez called the assertion that Fisk couldn’t remember her seizure “a little convenient.”

“‘I don’t remember’ doesn’t make it right,” he said.

June 22, 2010 – WASHINGTON, D.C. – The U.S. Consumer Product Safety Commission, in cooperation with the firm named below, today announced a voluntary recall of the following consumer product. Consumers should stop using recalled products immediately unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.

Name of Product: Baby Walkers

Units: About 8,400

Importer: Suntech Enterprises Inc., of Commerce, Calif.

Hazard: The recalled walkers can fit through a standard doorway and fail to have sufficient stair-fall protection to prevent falls down stairs. Babies using these walkers can be seriously injured or killed if they fall down stairs.

Incidents/Injuries: None reported.

Description: The baby walkers have a plastic frame supported by four wheels and eight brake pads. The walkers were sold in blue, pink, and green with a white activity tray and patterned, vinyl seat. Item number WK110 or WK112 is printed on the side of the packaging.

Sold at: Small juvenile product stores in California, Illinois, New York and Texas from January 2007 through December 2009 for between $25 and $30.

Manufactured in: China

Remedy: Consumers should immediately stop using the walkers and return them to the store where purchased for a full refund.

Note: This recall is being conducted voluntarily, however, in May 2010, CPSC issued a new mandatory rule on baby walkers that is effective on December 21, 2010. The walkers will be required to either: 1) be too wide to fit through a standard doorway, or 2) have features, such as a gripping mechanism, to stop the walker at the edge of a step.

If you or a loved one has been injured by a defective product, contact the Defective Product lawyers of the Gomez Law Firm today.

June 14, 2010 – Portland Shellfish Company, Inc. is voluntarily recalling the following brands of cooked, ready to eat fresh or frozen lobster meat: Portland Shellfish Co. Inc brand, Claw island, Craig’s All Natural, and Inland Ocean cooked, fresh or frozen lobster claw and knuckle meat as recent tests show the product has the potential to be contaminated with Listeria monocytogenes, an organism which can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems. Although healthy individuals may suffer only short-term symptoms such as high fever, severe headache, stiffness, nausea, abdominal pain and diarrhea, Listeria infection can cause miscarriages and stillbirths among pregnant women.

The recalled products were distributed nationwide in wholesale and retail stores.

Recalled products and Lot numbers:

LOBSTER CLAW & KNUCKLE MEAT, CS 6 x 2 LB, packed under the Claw Island, Craig’s All Natural or Inland Ocean brand, production lot numbers 13210, 13310, and 13410, shipped between 05/14/2010 and 05/26/2010.

LOBSTER KNUCKLE MEAT, CS 6 x 2 LB, packed under the Inland Ocean brand, production lot numbers 13210, shipped on 05/13/2010.

LOBSTER CLAW & KNUCKLE MEAT, CS 18 x 15 oz, packed under the Claw Island brand, production lot numbers 13210 and 13410, shipped between 05/25/2010 and 06/08/2010.

LOBSTER CLAW & KNUCKLE MEAT, CS 20 x 8 oz, packed under the Craig’s All Natural brand, production lot numbers 13210, shipped on 05/14/2010.

LOBSTER KNUCKLE MEAT, 1 LB bag, fresh, packed under Portland shellfish brand, production lot number 13310, shipped on 05/12/2010.

LOBSTER CLAW & KNUCKLE MEAT, 4 oz bag, fresh, packed under Portland shellfish brand, production lot number 13310, shipped on 05/13/2010.

LOBSTER CLAW & KNUCKLE MEAT, 1 LB bag, fresh, packed under Portland shellfish brand, production lot number 13210 and 13310, shipped on 05/12/2010 and 05/13/2010.

LOBSTER CLAW & KNUCKLE MEAT, 2 LB bag, fresh, packed under Portland shellfish brand, production lot number 13210 and 13310, shipped on 05/12/2010 05/13/2010, 05/14/2010.

LOBSTER CLAW & KNUCKLE MEAT, 5 LB bag, fresh, packed under Portland shellfish brand, production lot number 13210, shipped on 05/12/2010.

Consumers should stop using recalled products immediately unless otherwise instructed.

If you or a loved one has been injured by a defective product, contact the Defective Product lawyers of the Gomez Law Firm today.

June 9, 2010 – According to the National Highway Traffic Safety Administration (NHTSA) Office of Defect Investigations (ODI), Daimler Trucks North America (DTNA) is recalling Model Year 2010 and 2011 Freightliners MT55 Chassis manufactured from June 18, 2009 through April 15, 2010, and equipped with certain Eaton hybrid transmissions with park feature.  The reverse idler shaft may contact the part feature and the two components may bind, preventing the park feature from engaging.  If the park feature does not engage, the vehicle can move without warning, possible resulting in personal injury or a crash.

At the Gomez Law Firm, we have extensive experience representing the victims of auto defects, including roof crush, tire defects and rollovers.  If you or someone you love has been the victim of any defective product, call or write a personal injury attorney at the Gomez Law Firm today.

June 1, 2010 — A 25-year-old woman was killed Tuesday morning and two others were injured when her SUV crossed into oncoming freeway traffic and collided with two vehicles.

Neydi Arely Ramirez, of Chula Vista, was heading north on state Route 125 north of Jamacha Road about 8:40 a.m. when for unknown reasons she lost control of her gold Ford Explorer and crossed the center divide, authorities said.

The SUV rolled over and landed on top of a silver Chrysler PT Cruiser being driven by a 48-year-old woman, California Highway Patrol Officer Brian Pennings said. The SUV then continued to roll and collided with a marked Border Patrol Jeep Wrangler being driven by an on-duty agent, Pennings said.

Ramirez, who was wearing her seat belt, died at the scene, the Medical Examiner’s Office said.

The driver of the PT Cruiser was airlifted and the agent was taken by ambulance to Mercy Hospital, a Heartland fire dispatcher said.

All southbound lanes of state Route 125 were shut down at state Route 94 after the crash and reopened about 11:30 a.m., the CHP said.

Pennings said there was no evidence that drugs or alcohol were involved in the crash.

June 7, 2010 – A horrible accident in Marana, AZ sent eight people to the hospital, and one has died.

The accident happened just before 11:00 Sunday morning at the intersection of Sander and Grier. According to police, the driver of a minivan crashed into a truck.

The driver of the minivan, a woman, died from her injuries. Police say she may have failed to stop at a stop sign. Four children were hurt in the accident. Their injuries are not considered serious.

June 2, 2010 – Modern Products, Inc. is initiating a recall of products manufactured with HVP (Hydrolyzed Vegetable Protein) supplied by Basic Food Flavors of Las Vegas, Nevada, because the ingredient has the potential to be contaminated with Salmonella.

“Consumption of products containing Salmonella can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems. Healthy persons infected with Salmonella often experience fever, diarrhea (which may be bloody), nausea, vomiting and abdominal pain. In rare circumstances, infection with Salmonella can result in the organism getting into the bloodstream and producing more severe illnesses such as arterial infections (i.e., infected aneurysms) endocarditis and arthritis.”

To date, no illnesses have been associated with any Modern Products seasonings. In addition, random samples covering all HVP batches of concern were sent to an independent laboratory for testing and all results came back negative, but to be safe, FDA’s recommendation to recall product is being followed.

Recalled products were distributed nationwide and sold in retail stores. The following products are being recalled:

UPC Number Product Description Code Dates/Lot #

0-75820-00000-4        Spike Original Magic!, 3 oz.                 9J19, 9J20, 9K12, 9K13,

9K16, 9K30, 9L16, 9L17,

9L28, 9L29, 10B10, 10B11,

10B12, 10B15, 10B25,

10B26

0-75820-20408-2        Spike Seasoning, 7 oz.                         9J21, 9L01, 9L17, 9L28,

9L29, 10B15, 10B18

0-75820-20616-1        Spike Seasoning, 14 oz.                       9L03, 9L17, 9L21, 9L30,

10A12, 10A13

0-75820-30030-2        Spike Seasoning, 5 lb. bulk                  9K05, 9K09, 9K10, 9K16,

9K17, 9K30, 9L18, 9L21,

10A18, 10B17, 10B18, 10B19

0-75820-00002-8        Spike Vegit Magic!, 2 oz.                     9K02, 9L16, 10A19, 10B12

0-75820-20806-6        Vegit Seasoning, 4 oz.                          10B11

0-75820-21012-0        Vegit Seasoning, 8 oz.                          9L30, 10A12

0-75820-00001-1        Spike Vege-Sal Magic!, 4 oz.               9K02, 9K03, 9L29

0-75820-15410-3        Vege-Sal Seasoning, 10 oz.                  9J29, 9L09, 9L29, 10B11,

10B18

0-75820-15222-2        Vege-Sal Seasoning, 20 oz.                  9K17, 9K19, 10A13

0-75820-00005-9        Spike Hot ‘n Spicy Magic!, 2.5 oz.      10A19, 10B15

0-75820-00003-5        Spike Tenderizer Magic!, 3-3/4 oz.      9K03, 10B25

0-75820-00008-0        Spike Onion Magic!, 2-1/2 oz.             10B15

0-75820-17804-8        Hauser Vegetable Broth, 4 oz.              9L08, 10B11

0-75820-18008-9        Hauser Vegetable Broth, 8 oz.              9K09, 9K10, 10A14

Codes on bottles/jars are printed along the base of the jar, cartons/boxes will have the code embossed along the top of the package.

Consumers should stop using recalled products immediately unless otherwise instructed.

If you or a loved one has been injured by a defective product, contact the Defective Product lawyers of the Gomez Law Firm today.

June 2, 2010 – The U.S. Consumer Product Safety Commission (CPSC), in cooperation with Sprout Stuff, of Austin, Texas, is announcing the recall of about 40 Sprout Stuff infant ring slings. CPSC advises consumers to immediately stop using these slings due to a risk of suffocation to infants.

CPSC and Sprout Stuff are aware of one report of a death of a 10-day-old boy in the recalled sling in Round Rock, Texas in 2007.

The Sprout Stuff infant ring sling is fabric/natural muslin and comes with or without a shoulder pad. The sling is worn by parents and caregivers to carry a child up to two years of age. “Sprout Stuff” is printed on the back side of the tail’s hem.

Sprout Stuff sold the recalled infant slings, which were made in the United States, directly to consumers between October 2006 and May 2007 for between $35 and $45. Sprout Stuff is directly contacting known purchasers of the recalled infant slings.

Consumers should immediately stop using the recalled slings and contact Sprout Stuff to return the sling for a full refund.

If you or a loved one has been injured by a defective product, contact the Defective Product lawyers of the Gomez Law Firm today.

March 15, 2010 – Julia’s Spices Inc, of City of Industry, CA, is recalling all Hulled Sesame Seeds distributed between November 17, 2009 and February 25,2010, because they have the potential to be contaminated with Salmonella.

The affected Hulled Sesame Seed also known as White Sesame Seeds were distributed in plastic bags between November 17, 2009 and February 25, 2010 in California and Utah by Julia’s Spices Inc’s through retail stores.

Only the following products are being recalled:

• Julia’s Spices Ajonjoli / Sesame Seed 3.5 oz. pkg. (UPC # 810338001330)
• Julia’s Spices Ajonjoli / Sesame Seed 1 9/16 oz. pkg. (UPC # 810338000043)
• Julia’s Spices Ajonjoli / Sesame Seed 1 9/16 oz. pkg. (UPC # 810338020027)

Julia’s Spices Inc was notified of this contamination by their supplier. To date no illnesses have been reported to Julia’s Spices Inc.

Salmonella is an organism which can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems. Healthy persons infected with Salmonella often experience fever, diarrhea (which may be bloody), nausea, vomiting and abdominal pain. In rare circumstances, infection with Salmonella can result in the organism getting into the bloodstream and producing more severe illnesses such as arterial infections (i.e., infected aneurysms), endocarditis and arthritis.

Consumers should stop using recalled products immediately unless otherwise instructed.

If you or a loved one has been injured by a defective product, contact the Defective Product lawyers of the Gomez Law Firm today.