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October 2010 Archives

October 27 Hanford wrongful death accident victim identified

The woman who died in a head-on collision in Hanford on October 27 has been identified as Tricia Garnica. Reportedly Garnica was driving east on Flint Avenue when she ran a stop sign at the intersection with Sixth Avenue. Her vehicle was then hit by a pickup truck driven by Brian McCutcheon of Visalia. Garnica died as a result of the accident.
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October 28 Fresno accident on Peach Avenue near Fresno Airport

On October 28 there was an accident involving a police car on Peach Avenue near McKinley Avenue near the Fresno Airport. Reportedly the officer was responding to a call to help another officer who was involved in a fight with a suspect when he lost control of the vehicle and hit a tree. He was taken to Community Regional Medical Center where he is recovering.
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4 month old stops breathing at day care--Adam Ray

October 25, 2010--Last Monday's day care incident in Visalia involving 4 month old Adam Ray is similar to another incident in Porterville last year which is the subject on ongoing litigation.  Suit is proceeding against a Porterville area day care accused of neglect in the death of a two month old infant girl.  The Coroner's report in that case ruled the cause of death to be inhalation of stomach contents and a full State investigation followed.  At the ensuing licensing hearing attorneys for the day care presented expert testimony showing it was an unavoidable SIDS death.  The State of California countered with no expert witness testimony due to lack of budgetary funds.  However, after retaining local counsel expert witnesses have now been located to more fully explain this death.In the Porterville case the infant child was delivered home from the day care in a lifeless and cyanotic state and paramedics were immediately called to the scene.  The provider had never noticed any trouble.Issues include the level of supervision provided, whether any health issues had presented that day, whether proper SIDS precautions had been in place, whether older children may have disturbed the infant, etc.Please call if you would like our expert witnesses to expand the scope of their inquiry to include this situation.  Attorney John Rozier  559-713-0159, a Visalia based Attorney.
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October 23 fatal pedestrian accident in Porterville

On October 23 a woman was killed after being hit by a car while walking near Route 190 near Road 200 in Porterville. Reportedly the woman was hit by an eastbound vehicle around 5:55 am. The driver of the vehicle then fled the scene of the accident. No further details are available at this time.
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October 24 tractor accident in Kings County kills one

On October 24 Armando D. Gusman was killed in a tractor accident in Kings County. Reportedly the accident happened on Paramount Farms property near Kettleman City in Kings County. The tractor Gusman was driving flipped and crushed him. No further details are available at this time.
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October 22 Modesto accident on Briggsmore Avenue

On October 22 a car went airborn and crashed while driving on Briggsmore Avenue near McHenry Avenue in Modesto. Reportedly the vehicle was traveling at a high rate of speed when her vehicle went airborn and flipped and hit two parked cars. The driver and her passenger were taken to a local hospital with minor injuries.
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October 20 Highway 99 big rig accident kills one


On October 20 there was an accident on Highway 99 in Modesto involving a big rig and 4 other vehicles that killed one person. Reportedly the big rig failed to stop for slowing traffic and then triggered a five-vehicle, chain-reaction accident. The driver of a Nissan Frontier was declared dead at the scene of the accident. A passenger in the Nissan is reported to have suffered major injuries. Four other people are reported to have suffered minor injuries. The five cars had slowed down near the Carpenter Road-Briggsmore Avenue overpass for an unknown reason when the big rig failed to stop in time hitting the Nissan and pushing it into the other vehicles.
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October 19 Highway 140 accident victim dies

Yolanda Charlton died from injuries resulting from the October 19 accident she was involved in. Reportedly Charlton was following a pickup truck driven by Jason Andrew Shetler on Highway 140 when Shetler swerved into the path of a big rig. The big rig then lost control and hit Charlton's vehicle. The driver of the pickup truck died as a result of the accident. A suicide note was found in the wreckage of the vehicle. Charlton was taken to a local hospital and died several days later.
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October 20 Lemoore pedestrian accident

On October 20 William Vega was killed after being hit by a car in Lemoore. Reportedly the 75-year-old man was a resident of the Santa Rosa Ranchera near Lemoore. He was walking west across 17th Avenue near Davis Circle when he was hit by a northbound vehicle. The vehicle then fled the scene of the accident. The victim was believed to be under the influence of alcohol and was wearing dark clothing in an area where the street lights were not lit.
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July 22 Greyhound bus accident investigated futher

The Greyhound bus accident that happened on July 22 on Highway 99 near McKinley Avenue in Fresno took six lives that day. This week a reenactment took place to reenact the crash site and attempt to determine if the bus driver responded by braking in a reasonable manner. Tests were done to establish a "brake line" where a person should have applied the brakes after seeing an SUV in the road. This line was then used to measure how long it would take for a bus that was up to speed to come to a complete stop after reaching the brake line. This information will be evaluated and will hopefully help determine liability in the case. If anyone involved in this accident is still in need of reliable and experienced representation please contact us. Our offices are located just 40 miles south of the accident site. www.nelsonrozier.com
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October 19 wrongful death accident on Highway 140

On October 19 a 40-year-old Atwater man was killed in a head-on collision on Highway 140. Reportedly the victim was driving his pickup truck west on Highway 140 when he abruptly turned into the eastbound lane into the path of a big rig. This caused the big rig to skid into the path of a Ford Taurus that was following the deceased's vehicle. Yolanda Charlton was the driver of the Taurus. Arestides Fontes, the driver of the big rig, suffered minor injuries. Charlton was taken to Doctors Medical Center with major injuries. The driver of the pickup was killed as a result of the accident.
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October 19 fatal ATV accident in Stanislaus County

On October 19 William Robert Clark was killed when he crashed his ATV in Stanislaus National Forest. Reportedly the Sonora resident was on an ATV trail when he passed two other ATV riders. His high speed prevented him from properly negotiating a right-hand turn and he went flying down a mountainside. While he was wearing a helmet, Clark died from head injuries.
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October 13 Porterville Accident

On October 13 there was an accident involving a car, a motorcycle, and a power pole in Porterville that sent one person to the hospital and killed the power in the area. Reportedly the accident happened at the intersection of Avenue 120 and Main Street in Porterville. One person was taken to Kaweah Delta Medical Center with major injuries. No further details are available at this time.
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October 7 Highway 178 firetruck accident in Bakersfield kills two

On October 7 Melissa Hope Aguinaga and Arthur Alvarez Aguinaga both died in a wrongful death accident on Highway 178 in Bakersfield. According to reports they were traveling east on Highway 178 near Rancheria Road when they veered into the westbound lane. Their vehicle went right  into the path of a firetruck. The firetruck was on its way back to the station after reporting to an earlier accident. No one in the firetruck suffered any injuries. It is unknown why the Aguinaga’s vehicle crossed the middle line. An investigation is still being conducted.
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October 10 wrongful death accident in Modesto

On October 10 sixteen-year-old Frankie Martinez Jr. was tragically killed and eighteen-year-old Nazario Castillo was injured in an accident at Jefferson Street and Maze Boulevard in Bakersfield. According to reports Martinez was driving a pickup truck north on Jefferson with Castillo as a passenger when he did not stop at a stop sign at Jefferson and Maze. His pickup then hit a Suburban that was driving on Maze Boulevard. Castillo was injured with a broken shoulder and a broken nose. The people in the Suburban complained of pain. Martinez died as a result of the accident. Alcohol containers were found in Martinez's vehicle and the accident is being investigated as a possible dui.
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October 9 accident in Ceres

On October 9 three people suffered injuries after an accident in Ceres. According to reports the driver of a stolen Toyota Camry refused to pull over for the cops. He then proceeded to run a red light at Central Avenue and Whitmore Road. The stolen vehicle then hit a car with 2 women inside. The driver of the Camry and the 2 women all suffered injuries and had to be removed from the vehicle. All three were treated at Doctors Medical Center in Modesto and were listed in stable condition.
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October 10 wrongful death on ATV in Parlier

On October 10 Roger Valentine was declared dead after crashing his ATV near Parlier in Fresno County. According to reports Valentine was riding the Yamaha Rhino ATV along a dry canal that ran adjacent to Newmark Avenue near Lincoln Avenue with a 14-year-old passenger when Valentine made an abrupt turn to avoid hitting a power pole. The turn caused the ATV to roll down the embankment and into the canal. Valentine was not harnessed in and was thrown from the ATV. He was pronounced dead at the scene of the accident. His passenger, however, was restrained to the ATV and suffered a broken leg.
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October 5 wrongful death van accident near Riverdale in Fresno County

On October 5 Javier Juarez Arizaga was killed in a van accident near Riverdale in Fresno County. According to reports Arizaga was northbound on Dickenson Avenue near Excelsior Avenue when he crossed into the southbound lanes and hit a bridge. Arizaga was not wearing a seat belt and was therefore thrown from the van. The victim was declared dead at the scene of the accident.
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October 5 fatal train accident in Fresno


On October 5 Daniel Madsen was pronounced dead after being hit by a train near the intersection of Fruit Avenue and Ashlan Avenue in Fresno. Reportedly twelve-year-old Madsen was walking to school at Wawona Middle School with his sister and some friend when his sister and a friend ran north on Fruit in front of an oncoming train. Madsen followed the girls and ignored the crossing arms that had been lowered. The conductor of the train sounded the train’s horn, but Daniel was hit as he crossed the tracks. This is the second train accident at this location in recent memory that has resulted in death. In March 2009 thirteen-year-old Stacy Frierson was killed while crossing the tracks when he was walking home from Cooper Middle School. www.nelsonrozier.com
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October accident in Lindsay

On October 5 Manuel Romas and Luis Chavez both suffered injuries in a single-vehicle accident near Lindsay in Tulare County. According to reports Chavez was northbound on Foothill Avenue near Avenue 248 when he began to drift off the road and hit a power pole around 2 pm. Romas was a passenger in Chavez’s vehicle and he was airlifted to Community Regional Medical Center in Fresno with major injuries. Chavez was taken to Kaweah Delta Medical Center where he was treated and released.
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Fresno County Foster Care death still under investigation

October 7, 2010--The recent death of foster care child Makayla Tabin, only one month old at the time of her death, is still being investigated by the Fresno County Coroner's office.A similar case in Porterville recently went before a licensing hearing to determine if the day care provider who delivered a two month old infant home to her parents dead without explanation should result in the suspension of the day care license.  In that case the Tulare County Coroner's office ruled the death to be from inhaling stomach contents and not from SIDS.  Litigation is pending with our office.  Please call if you would like us to also investigate this case.  Attorney John Rozier in Visalia 559-713-1059.
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October 2 wrongful death on a motorcycle in Fresno

On October 2 Steven Hill was killed in a wrongful death motorcycle accident at the intersection of Jensen and Valentine in Fresno. According to reports Hill was traveling north on Valentine when he stopped at the stop sign at Jensen. He then progressed right into the path of a Chevrolet that had the right of way. The driver of the Chevrolet, Juan Jose Fernandez, suffered minor injuries. Hill was pronounced dead at the scene of the accident.
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October 3 head-on collision in Fresno injures 2

On October 3 there was an accident at the intersection of Jensen and Polk Avenues in Fresno that is being investigated as a possible dui. According to reports a Honda Accord and a Mercury Sable hit head-on near that intersection. Initial reports state that both drivers were under the influence of alcohol. Two passengers in the Mercury Sable were taken to Community Regional Medical Center with non-life-threatening injuries.
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September 30 canal accident in Fresno

On September 30 Felix Bustamante was killed in an accident near Cornelia Avenue and West Davis Avenue in Fresno. According to reports he drove his car into a canal near that intersection. No further information is available at this time.
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September 29 Porterville pedestrian accident victim identified

Bankston G. Brown has been identified as the man who died on September 29 after being hit by a car in Porterville. According to reports Brown was hit by a car while crossing Henderson Avenue near G Street. An investigation regarding the accident is still in progress.
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October 1 wrongful death in Parlier

On October 1 an unidentified man was killed in a fatal accident in Parlier in Fresno County. Reportedly the victim was diving west on Adams Avenue near Newmark Avenue when he drifted off the road and hit a concrete canal barrier. This caused his truck to roll several times before bursting into flames. The driver was declared dead at the scene of the accident.
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