San Diego Injury Lawyers Blog

Anthony Guarino's case just got a little more complicated. After the prosecution argued that Guarino chose to drink and drive thus resulting in the fatal car accident that killed a Rancho Bernardo man, Guarino's attorney states the cause is not drunk driving but sleep apnea. The National Heart Lung and Blood Institute (a subsidiary of the National Institutes of Health) state that sleep apnea "is a common disorder in which you have one or more pauses in breathing or shallow breaths while you sleep. Sleep apnea is one of the leading causes of excessive daytime sleepiness."

Guarino was estimated by Police to be driving between 50-60 miles per hour when his car hit Marc William Durham's Toyota Corolla initiating a chain-reaction collision that involved four other cars, injuring five people. Defense Attorney Brad Patton related that Guarino was diagnosed with severe sleep apnea last year and that a side effect of sleep apnea is "micro sleep, when a person loses consciousness."It was Guarino's intention to make a left turn to go home but went into micro-sleep therefore never applied his brakes and drifted into the turn lane.

Patton told the jury that charging Guarino with gross vehicular manslaughter while intoxicated may not be appropriate. Guarino did admit that he was driving under the influence of alcohol that night and that it affected his driving. Guarino is also charged with DUI causing injury.

Defense Attorney Blames Sleep Apnea in Crash that Killed Rancho Bernardo Man, Rancho Bernardo Patch, January 11, 2011.

What is Sleep Apnea?, National Heart Lung and Blood Institute: Diseases and Conditions Index, Revised August 2010

Five years ago Casey and Melanie Barber were driving on Highway 98 in their Ford E350 Sportsmobile van near Page, Arizona. Suddenly a tire-tread separation caused Casey Barber to lose control of his vehicle, as stated by the plaintiffs' attorneys. Casey and Melanie both suffered fatal injuries, leaving three children orphaned - the plaintiffs in this case. A San Diego jury has awarded the Barber children $14.4 million, which the San Diego car dealership of Mossy Ford will be paying a portion of.

Attorneys for the plaintiffs argued in court that Mossy Ford executed an incorrect repair on the Barber's tire in August of 2005, rather than removing the tire and replacing it completely. It is believed that this incorrect repair led to the rollover accident. The defendants' attorneys argued that the Barber's vehicle hit something in the road and this caused the tire-tread separation to occur, not the incorrect repair.

Prior to the trial, other defendants who had previously worked on the Barber's van came to a settlement for $8,300,000, all tolled to $22,763,000. San Diego County, California has never had a larger settlement for cases such as this. Mossy Ford agreed to a post-verdict settlement condition insisted upon by the Barber family to commence implementing guidelines given by the tire repair industry for repairing its tires and to put into practice a technician training program to enhance the training their technicians receive with regards to safe tire repair practices therefore improving consumer safety .

Dealership to pay part of $14m award in tire case, Sign On San Diego, January 12, 2011

Panish Shea & Boyle Announces Record San Diego County Wrongful Death Verdict, Business Wire, January 11, 2011

Jury awards $14.4 million in wrongful-death lawsuit, Union Tribune, January 11, 2011