Man accused of abandoning son can’t see him, judge rules

A Dakota County, Minnesota, man who is charged with child abandonment after he allegedly moved to California in July, leaving his 11-year-old son behind, was sent to jail on $6,000 bail by a district court judge on Sep. 12. The judge also barred the defendant, 60, from having visitation with his son unless social services workers approve. Who will take custody of the boy is still undetermined following his mother’s recent reemergence.

We have been closely following this case in this blog, most recently posting about it on Sep. 2. On July 18, the son awoke in his Lakeville to find his father gone and a pair of letters telling him that he should go to live with a neighbor family. The letters also asked the neighbors to take custody of the child, though he had not discussed it with them beforehand. Child services placed him in the custody of an aunt following a July 27 child-protection hearing.

Authorities said the father left due to financial problems, including the impending loss of his house to foreclosure. He was found working in a deli in California and arrested on Aug. 29. He waived extradition and was taken back to Minnesota.

In his first court appearance on Sep. 12, the Dakota County District Court judge handling the case set bail at $6,000, but said the father could post bond based on $5,000 bail if he pledges not to leave the state again and not try to contact his son until social services approve the meeting. His next court appearance has been scheduled for Oct. 19.

Shortly after the defendant’s arrest, his former wife called county officials and indicated she might fight for custody of her son, whom she had not seen since 2002, when her visitation rights were terminated. The father reportedly told the boy that his mother had died, though he revealed the truth in one of the letters.

Construction Defect Litigation Curtailed by The California Supreme Court

By D. Kent Westerberg

In Aas v. Superior Court of San Diego (2000) 24 Cal. 4d 627, the California Supreme Court held that in a construction defect case for negligence only, a plaintiff homeowner or homeowners’ association cannot recover damages in tort unless there is resulting property damage. The Aas case has had a significant impact in California because plaintiffs can no longer recover their pure, economic loss, i.e., cost of repair or diminuition in value, for mere construction defects. Unless there is resulting property damage, recovery in tort is precluded. The Aas case only addressed construction defects that the court characterized as not having caused property damage, including, for example, inadequate shear walls or missing fire blocking, as distinguished from, for example, water leaks, which do cause resulting property damage. As a result of the ruling in Aas, only plaintiffs in contractual privity with either the developer, contractor, or subcontractor will be able to recover damages for defects which have not resulted in property damage, by stating a claim for breach of contract or warranty. Consequently, subsequent home buyers who have no contractual privity will have no viable theory of recovery for defects which did not result in property damage, until or unless those defects actually cause some form of property damage. Not surprisingly, this is a very significant limitation on the building industry’s liability for defects to homeowners, and legislation is being debated by the California Legislature to overturn the Aas decision.

For example, SB355 is a bill being debated which provides that all persons engaged in the construction of new homes or common interest developments are required to adhere to the building codes applicable at the time of construction; that causes of action for construction defects based on violations of the building or other applicable codes do not require a showing of death, bodily injury, or existing property damage; that the cost of repairing the code violation is damage that may be recoverable pursuant to existing loss; and that the provisions of the bill shall apply to actions arising on, before, or after January 1, 2000. This bill also provides that it is the intent of the legislature to abrogate the holding by the California Supreme Court in Aas that developers who violate building codes by breach of their duty of care by failing to install safety protection such as fireproofing, seismic restraints, or proper electrical wiring, may not be held liable in negligence unless the building code violation has caused death, bodily injury or property damage.

The controversy arising from the Aas decision is far from over. While the decision clearly favors the building industry, consumer groups and homeowner associations will not sit idle and we fully expect to see the decision challenged or criticized in other rulings and we also expect to see legislation implemented to modify the impact of the decision in Aas.

 

Popular Restaurant Manager Killed and Five Others Hurt in Car Accident

The New Year began tragically for a man that seemed to have the world at his fingertips. On Wednesday night, a fatal three car accident in Toledo occurred in Jacksonville on Sunbeam Road. The three car accident left one person dead and five other people injured. The man that was killed in the Wednesday evening crash was a popular manager at Gator’s Dockside in Jacksonville. The successful manager had been out with his girlfriend when the accident occurred.

According to a detective with the Jacksonville Sheriff’s Office, one of the three vehicles was traveling west on Sunbeam Road when the vehicle suddenly moved to the left. The sudden movement of the vehicle caused it to strike another traveling vehicle. The two car accident collided into a third motor vehicle. The fatal car accident occurred around 8:00 p.m. this past Wednesday night.

The driver of one of the vehicles was a popular manager at Gator’s Dockside, and the man was killed in the accident. The manager had been traveling with his girlfriend in a new Land Rover the man recently purchased. The gregarious manager’s girlfriend was severely injured in the accident, and she suffered a broken neck, back and pelvis. She was taken to a local hospital.

Friends describe the former manager as a great guy and people person that made friends as he did his job. The man worked at the restaurant for four years, and the restaurant closed upon hearing the news of the car accident and will be closed during the man’s funeral to honor him.

 

 

Number of Fatal Car Accidents Drops in Florida

The number of fatal car accidents that occurred in Florida last year has dropped in comparison to previous years. According to preliminary numbers from the Florida Department of Highway Safety and Motor Vehicles 2,430 people died from car accidents in Florida in 2010. The statistic is the lowest number in over 20 years and comes at a time when Florida’s population is 50 percent larger than it was two decades ago. Counties across Florida are also reporting lower numbers of fatal car accidents for 2010 as well.

While preliminary fatal car accident numbers have not been issued for Jacksonville and Duval County, statistics from Hernando County in West Florida near Tampa reflect the downward trend seen across much of the state. Official numbers for last year will be released in March. According to the Florida Highway Patrol a combination of factors has contributed to the decrease in traffic fatalities. Technological advances in vehicles, education and law enforcement have all played roles in bringing down the number of fatal car accidents on Florida’s roads. The Florida Highway Patrol says that technological innovations have had the biggest impact on safety improvement.

The Florida Highway Patrol cites advanced braking systems, hands-free devices and warnings that alert drivers. The Florida Department of Highway Safety and Motor Vehicles believes the downward trend of car accident fatalities will continue because of a continuation in improved vehicle engineering and a safer fleet of vehicles that will continue to come online. The Florida Department of Highway Safety and Motor Vehicles also credits state and local law enforcement and believes that the downward trend will continue for another five years.

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