Friday, September 24, 2010

Miley Cyrus, a Hit-and-Run Driver?

Recently, Miley Cyrus has become the subject of some reports that alleges that she was a hit –and-run driver.

According to the reports, the former Disney star was driving a Mercedes SUV in Los Angeles last week when she struck a parked Camry, which was owned by a restaurant parking attendant.

Through his attorney Mario Fiore, the parking attendant alleged that Cyrus sped off and left him to deal with the damage to his car.

However, Fiore admitted that the Hannah Montana star left her phone number to his client before she left.

So is it a case of a hit-and-run car accident or not?

Well, the charges of hit-and-run will probably not stick just by the fact that Cyrus left her contact information to the parking attendant.

Although the state asks parties involved in a car collision to give more than just their phone number, the action of Cyrus after the car accident can no longer be considered a hit-and-run.

What the parking attendant should do is pursue his property damage claim instead of trying to show that the pop star is an irresponsible celebrity.

In fact, he has a strong claim against Cyrus and it looks like a straightforward case to me; unless he is parked illegally then that could affect his case.

But from the available information, there should not be any major debacle that will prevent his claim from being approved.

I think it’s time that he and his attorney focus on his civil case and let the police and the DAs office decide if Cyrus is going to be charged criminally or not.

Tuesday, September 14, 2010

Britney Spears Fires Back at Former Bodyguard who sued her for Sexual Harassment

Although pop princess Britney Spears has her share of legal troubles, more trouble lies ahead for the notoriously unstable musician as her former bodyguard had recently officially filed a sexual harassment lawsuit against her.

According to the complaint filed by Fernando Flores, who was hired last February 2010 as a bodyguard in Spears’ home in Calabasas, California, the singer repeatedly made frequent unwanted sexual advances towards him.

In his lawsuit, he further alleged that Spears paraded around her home nude, engaged in "sex acts" in front of him and even physically abused her son Sean Preston with Flores' belt. He also said that he witnessed violent quarrels with Spears’ boyfriend.

Flores claimed that he was shocked and disgusted by the incident but when he reported it to his supervisor, his complaints were ignored and mocked. Employed by Advanced Security Concepts Corporation, he was even told, “You know you liked it.”

The former bodyguard is suing Spears for unspecified damages for intentionally inflicting emotional distress.

In answer to the lawsuit, the indignant camp of Spears claimed that the former bodyguard is merely trying to take advantage of the singer and make a name for himself. In a statement from the popstar’s website, it was alleged that the California Department of Children and Family Services has already investigated the accusations and closed the case without any action.

Spears’ ex-husband Kevin Federline through his attorney also leapt to her defense and said that the accusations were a product of economic motives and are baseless. The singer and her attorneys further stated that they are confident that the case will be dismissed by the court.

While the outcome of this case will be decided by the courts, it isn’t really that uncommon for male employees to be subjected to sexual harassment. In 2009, out of the nearly 12,696 sexual harassment complaints filed with the Equal Employment Opportunity Commission, only about 12 percent of these were filed by men.

The law does not distinguish the gender of the victim, and neither does the victim have to be of the opposite sex. Under the law, so long as the employer’s sexual advances and conduct is unwelcome, continuous and affects a person’s employment, a sexual harassment lawsuit can be filed.

Wednesday, September 8, 2010

Where to Find the Best Drivers in the US: Car Driving Safety Guidelines

Having a driver is practically entrusting your own life to another person. When you hire a driver, you’re not just paying for the company of having someone to sit with you in slow-moving traffic; you are actually paying for the services of someone who can get you through daily traffic safely and responsibly.

And that’s what safe driving is really all about: safety and responsibility on the road.

Where can you find the best drivers in the US? - Mostly in Rocky Mountain, Appalachian cities.

According to “Sixth Annual ‘Allstate America's Best Drivers Report’ Reveals New Safest Driving City”, a press release by Allstate Insurance Company, the best drivers in the country can be found mostly in the following cities:

1. Fort Collins, Colorado
2. Chattanooga, Tennessee
3. Boise, Idaho
4. Colorado Springs, Colorado
5. Knoxville, Tennessee
6. Eugene, Oregon
7. Reno, Nevada
8. Huntsville, Alabama
9. Lincoln, Nebraska
10. Cedar Rapids, Iowa

These are the top cities with the best drivers based on car collision frequency and safety awareness.

There is no surefire way on how you can avoid car accidents but there are ways on how you can prevent them. Here is a basic driving safety guideline:

• Obey traffic laws and regulations.
• Stay focused when driving.
• Maintain distance with other motorist while on the road. Respect other motorists.
• Check your vehicle regularly including tire pressure and safety implements.
• Check weather conditions and traffic before traveling.

Wednesday, September 1, 2010

San Diego Sued for Defective Road Sign

A particular “no crossing” road sign located at an intersection is one of the reasons why the city of San Diego is being sued by the family members of a tourist who died in March.

The 29-year-old visitor from Arizona identified as Virginia Ortega was said to be illegally crossing the intersection of Harbor Drive and Pacific Highway when she was hit by a San Diego Seals Tour bus. Ortega was brought to a hospital where she later died from her injuries.

Ortega’s mother, Carrie, claims that her daughter’s death could have been prevented if only the “no crossing” sign was placed where it can easily be seen by pedestrians and was big enough to catch their attention. The said road sign was small and pedestrians had an obscure view of it.

Aside from the road sign, the family claims that the design of the tour bus is also likely to contribute to the accident as the driver’s seats are highly elevated from the road and so they are not able to immediately see pedestrians crossing the street.

The owner of the tour bus claims that the driver is only about 10 feet from the ground and that there is someone sitting on the passenger seat to spot the passing pedestrians.

The family wants the city to evaluate the San Diego tour bus and to modify the particular “no crossing” sign located at the intersection where Virginia Ortega died.

It is important for the local government to monitor these accidents that could have been caused by a defective road sign or fixture. They will be held liable for any negligence on their part especially if there were tour bus accidents before and yet, nothing was done about the road sign that should warn against the crossing of pedestrians.

Wednesday, August 18, 2010

Driver Killed and Passenger Injured in Highway 580 Fatal Car Accident

A fatal car accident on the Interstate Highway 580 near Castro Valley killed a19-year-old driver and seriously injured a passenger last weekend.

The driver was identified as Timothy Daniels of Hayward while the identity of the passenger was still being withheld by authorities.

According to CHP, the single-car crash happened at around 6:00pm when the Mercury Sable they were riding crashed near 164th Avenue.

Daniels was pronounced dead on the scene while his passenger was brought to Eden medical Center by ambulance.

The CHP has not determined the cause of the car accident yet so the level of Daniel’s liability is not yet known.

The passenger, though, should file a personal injury claim against Daniels.
Although liability in criminal cases end after the defendant’s death, that is not the case in civil law.

Even after Daniels’ death, the personal injury case can still go on because it will not really be the passenger against Daniels, but the passenger against Daniels’ insurance company.

It is the car insurance provider who will be paying for the damages caused by Daniels so it will also be them who will defend against your claim.

Once the passenger proved that his injuries were caused by the Daniels’ negligence, then he will be able to collect compensation that is commensurate to what he lost due to his injuries.

However, the total compensation can also be reduced if the passenger has committed some negligence of his own that aggravated the damages caused by the accident.
One of the possible negligent acts that the passenger may have committed is not wearing seatbelt.

If that is the case, a percentage will be subtracted from the total compensation that is awarded.

That percentage subtracted is what you call comparative negligence and is being followed in the state of California.

Tuesday, August 10, 2010

CA Supreme Court’s Google Discrimination Suit Decision Sets Precedent for Stray Comments as Evidence

The long running age-discrimination lawsuit against Internet giant Google gained grounds Thursday when the California Supreme Court sided with the plaintiff on some basic issues.
The lawsuit was filed by Google’s former director of operations and engineering who was 54 when he was terminated.

According to the lawsuit, Reid alleges that he was wrongfully terminated based on his age last 2002 because he was told that he was not a “good fit” with the company.
However his case was in part based on “stray comments “made by colleagues other than his superiors.

In his lawsuit he alleges that co-employees called him “old fuddy daddy” and “obsolete.”

In a previous ruling, the judge allowed Google to object on the inclusion of these stray comments, but The California Supreme Court reversed that ruling saying that these evidence could be relevant circumstantial evidence.

The case is now set to go on trial.

This could be a landmark decision by the CA Supreme court as it opens the gate for more discrimination lawsuits.

The federal “stray comment clause” has been used by employers to block statements by employees and other people who are not involved directly in the discrimination claim.

That is no longer the case as it looks like the courts has now allowed these stray comments to be admissible.

The court has now adopted jurisprudence that is very much more favorable to employees than the employers.

Tuesday, August 3, 2010

Executive Terminated after Reporting Sexual Harassment

The Placer County Fair Association is being sued by a former high-ranking officer after he was terminated when he reported the sexual harassment complaint of a female employee against a board member.

Brock Wimberley was the Chief Executive Officer of the association when he was fired two weeks after making a complaint about the hostile work environment that a female employee is subjected to by a male board member who was reportedly sexually harassing her.

In the lawsuit filed recently, Wimberley said that he filed the complaint to the then association president regarding the board member’s misconduct as he showed the employee inappropriate photos that are sexually suggestive and subjected her to hostility while she was working.

Wimberley claims that he then received an angry phone call from the board member days before he was terminated.

The suit did not specify how much Wimberley is claiming for compensatory or punitive damages.