Judge awards $18 million to man hurt in St. Louis County pileup, and wife
BY PATRICK M. O’CONNELL
ST. LOUIS POST-DISPATCH
08/25/2009

ST. LOUIS — A man severely injured in a pileup that killed three people on Highway 40 (Interstate 64) last year is entitled to more than $13.8 million from a truck driver and his company, a federal magistrate judge has ruled. CRIME STATS
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The man’s wife has been awarded $4.2 million more.

The crash left Mark Tiburzi, 53, under constant care in a nursing home, unable to walk or talk, according to his lawyer and court filings.

Trial is pending on involuntary manslaughter charges in St. Louis County against the truck driver, Jeffrey D. Knight, who was blamed for the wreck. Officials claim he was distracted by reaching for a cell phone when his tractor-trailer rig piled into vehicles near Interstate 270 on July 15, 2008, causing the three fatalities and 14 injuries.

Knight, 49, and the trucking company, Holmes Transport Inc. of Muscle Shoals, Ala., were ordered to pay damages for Tiburzi’s injuries because “it was more likely true than not true” that Knight was negligent, U.S. Magistrate Judge David D. Noce ruled after a one-day bench trial Aug. 11.

In addition, Tiburzi’s wife, Cheryl, of St. Peters, will receive more than $4.2 million from Holmes Transport Inc., the judge ordered. The couple have two children and a grandchild.

Tiburzi was on his way to the Brentwood Promenade from Chesterfield when the crash happened. He was a district sales manager for Famous Footwear.

Court documents claim Knight violated regulations by driving beyond the maximum hours allowed over an eight-day period.

The suit was in federal court because Holmes is based in another state, Alabama.

Gary Wiseman, the St. Louis attorney representing Knight and the company, could not be reached for comment.

Two of the dead were Amish from northeastern Missouri, heading to a funeral in Tennessee with a hired driver. Lydia Miller, 55, of Canton, Mo., died the day of the crash; Alvin Mast, 88, of Kahoka, Mo., died two days later. Charles “Keith” Cason, 55, a copier salesman from Caseyville, also was killed.

At least two other families have civil suits pending against Knight and the company.

Man killed after being ejected from vehicle
By Helen Gao
UNION-TRIBUNE STAFF WRITER
2:00 a.m. August 24, 2009

CHULA VISTA — A 27-year-old San Diego man was killed in a rollover crash early Saturday in Chula Vista, authorities said.

Anthony Alvarez was driving west on East H Street, between Hidden Vista and Terra Nova drives, when he lost control of his Chevrolet Tahoe. The SUV hit the raised center median and some trees, causing it to roll over, police said.

Alvarez was ejected from the vehicle and suffered severe head trauma, police said. He died at the scene. The crash was reported about 4:15 a.m.

August 23, 2009

22-year-old dies in motorcycle accident
A 22-year-old Spring Valley man was killed early Saturday after he lost control of his speeding motorcycle on Interstate 5 in San Diego, authorities said.

Richard Dennis Fox was riding a yellow Yamaha R6 north on I-5 when he suddenly veered across traffic lanes into the Clairemont Drive off ramp, authorities said. He hit the guard rail, was thrown off his motorcyle and landed in a stand of trees at the bottom of a steep enbankment.

The accident was reported at 1:39 a.m. Saturday. Fox died at the scene.

August 23, 2009

San Diego man dies in roll-over accident
A 27-year-old San Diego man died in a roll-over car accident early Saturday on East H Street in Chula Vista, authorities said.

The victim, whose name is being withheld pending notification of next of kin, was going west on East H Street between Hidden Vista and Terra Nova drives when he lost control of his Chevrolet Tahoe. The SUV hit the raised center median and some trees, causing it to roll over, police said.

The driver was ejected from the vehicle and suffered severe head trauma, police said. He died at the scene. A passing motorist reported the accident at 4:15 a.m.

While the cause of the collision is still under investigation, police say that speed is a factor.

UPDATE: The man has been identified as Anthony Alvarez of San Diego, according to the Medical Examiner’s Office.

Three hospitalized in Highway 94 head-on crash
By SignOnSanDiego
12:52 p.m. August 23, 2009
SPRING VALLEY — Three people were hospitalized today after a head-on crash on old Highway 94 near Jamacha Road, authorities said.
The crash happened around 11:10 a.m. on the old Highway 94 bridge over the Sweetwater River, just east of the Rancho San Diego Towne Center, and resulted in that roadway being closed, according to the California Highway Patrol.
The CHP reported that at least one person was trapped in a vehicle.
A dispatcher for the Heartland Fire dispatching agency said three people were taken to hospitals, but their conditions were not immediately available.

One Person Dies in Lakeside Crash; Victim ID’d.

Last Update: 10:01 am

LAKESIDE – A driver who crashed into a tree in Lakeside, killing a passenger, was arrested on suspicion of manslaughter and drunken driving early Tuesday.

An off-duty police officer came upon the crash in the 14000 El Monte Road about 1 a.m., according to the California Highway Patrol.

The 34-year-old passenger in the wrecked 1990 Volvo 240 DI, who was identified by the Medical Examiner’s office as Patrick Michael Elerding, died at the scene, according to CHP Officer Larry Landeros. Elerding lived with his parents in Santee, according to the Medical Examiner’s Office.

The driver was taken to a hospital with minor injuries, he said.

The driver’s name was withheld.

SAN MARCOS: Pedestrian struck by suspected hit-and-run driver
the North County Times | Posted: Monday, August 17, 2009 5:40 pm

SAN MARCOS —- A pedestrian was struck and injured by a suspected hit-and-run driver who then fled from authorities on foot Monday afternoon, a sheriff’s sergeant said.
The collision was reported at 4:33 p.m. at 228 W. Mission Road, said Sgt. Dan Deese. The suspect’s vehicle, described as a champagne-colored 4-door Saturn, was found by Palomar College police at 1400 Descanso Ave., Deese said.
The suspect was seen fleeing from the car, the sergeant added.
The pedestrian was transported by ground ambulance to a local hospital, an emergency dispatcher said. No information on the extent of injuries was immediately available.

ESCONDIDO: Motorcyclist killed in Harmony Grove Road wreck
the North County Times | Posted: Monday, August 17, 2009 7:55 pm

ESCONDIDO —- A motorcyclist was killed in a collision with a vehicle on Harmony Grove Road on Monday afternoon, the California Highway Patrol said.
The wreck took place just after 5 p.m. on the 9000 block of the road, west of the city limits, the CHP said.
Investigators remained at the scene Monday evening and no information about the motorcyclist or the circumstances of the crash was immediately available, said CHP Officer Ken Perez.
Both lanes of Harmony Grove remained closed near the scene of the collision, Perez said.

FALLBROOK: Head-on crash leads to minor injuries
North County Times | Posted: Monday, August 17, 2009 4:25 pm | 1 Comment
FALLBROOK —- A head-on crash that blocked traffic on Olive Hill Road led to just minor injuries Monday afternoon, the California Highway Patrol said.
The crash was reported at 1:38 p.m. and forced the temporary closure of Olive Hill near Twin Country Lane, the CHP said.
As a precaution, four people were transported to local hospitals with minor injuries, CHP Officer Eric Newbury said.
“It sounded a lot worse than it was,” Newbury added of the crash.
By 4 p.m., he said, all lanes of the road had reopened.
Newbury did not immediately know the circumstances of the crash.

Mercury Launches Attack on Middle Class During Tough Economic Times
Santa Monica, CA – The California Attorney General has released the official title and summary of a proposed ballot initiative that will allow insurance companies to raise rates when motorists who stopped driving for a time restart their coverage; when they file a claim, even if an accident is not their fault; or when they are late on a payment. The anti-consumer measure is sponsored by auto insurance giant Mercury Insurance and its billionaire Chairman George Joseph, who over the years has funded numerous attempts to undermine Proposition 103, the voter-approved measure that bans unfair rate increases

Under state law, the Attorney General is responsible for analyzing a proposed ballot initiative and issuing a title and summary that will now appear on petitions presented to Californians by signature-gatherers for their approval. The Attorney General’s full title and summary, which was issued late yesterday, reads:

ALLOWS INSURANCE COMPANIES TO INCREASE OR DECREASE THE COST OF AUTO INSURANCE BASED ON A DRIVER’S COVERAGE HISTORY. INITIATIVE STATUTE. Allows insurance companies to raise the cost of auto insurance based on the absence of prior automobile insurance coverage. Allows insurance companies to lower the cost of auto insurance for drivers who have continuously maintained auto insurance coverage, even if they change insurance companies. Allows insurance companies to consider “claims experience” when calculating the amount of any such reduction or when determining which drivers will be eligible for it. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: The measure would have no significant fiscal impact on state and local governments. (09-0021.)
The initiative would penalize people who miss one payment or decide not to drive and let their insurance lapse. It would also allow insurance companies to penalize drivers simply because they file a claim, even if they are not at fault such as when they’re at rear-ended while waiting at a stoplight. Currently, only accidents where the driver is at-fault can be used to increase his or her premium.

“Mercury is using the initiative process to go after middle class Californians by allowing insurance companies to raise rates on struggling families in the middle of an economic crisis,” said Consumer Watchdog’s Executive Director Doug Heller. “Auto insurers shouldn’t be allowed to jack up your premium because you stop driving for a time, miss one payment or file a legitimate insurance claim when you are hit in an accident.”

Hidden in the deceptive initiative is Mercury’s plan to create an unfair “use it and lose it ” system, which would raise driver’s rates if they ever file a claim. This creates a perverse incentive to not file accident claims, even when you are not at fault, in order to avoid a major rate hike. People who pay for coverage should not be penalized for using their policy. It also means accidents are less likely to be reported, a public safety hazard. Most importantly, for Mercury, it means that insurance companies will have to pay fewer claims. That is why Mercury, the only donor to this effort, has already contributed $500,000 to the campaign.

“It’s pretty easy to figure out what’s going on here. An insurance giant and its billionaire chairman are going to spend millions on political consultants and signature gatherers to try to fool Californians. Mercury will say and spend anything to win new ways to charge higher premiums and pay fewer claims,” said Heller.

Because the number of Americans letting auto insurance lapse during this economic crisis is skyrocketing, according to insurance industry data, Mercury’s proposed penalty for restarting insurance coverage will also force many drivers to remain uninsured. This will raise the cost of uninsured motorist coverage for everyone else and leave California roads much less safe.

“Mercury’s proposal is a triple threat. You will pay an insurance penalty if you ever have a lapse in coverage; you will pay a penalty if you ever file any kind of claim; and you will pay higher uninsured motorist premiums. That might be good for Mercury, but it’s no good for the rest of us,” said Heller.

Consumer Watchdog has sent Mercury’s George Joseph a letter about his dangerous attack on California families. The letter can be read here: http://www.consumerwatchdog.org/resources/LetterToGJoseph.pdf