Recent Blog Posts in 2009

A junior high school student is in critical condition after she was struck by a car while walking in a crosswalk.

The accident occurred sometime during the evening. The girl, a 14-year-old student at Brockbank Junior High in Magna, Utah, was crossing the crosswalk near 2700 South and 8700 West when she was hit by an oncoming car.

According to police the driver, a 21-year-old woman, did not exhibit any signs of alcohol impairment. There were also no skid marks or brake marks on the street. It appears the woman simply did not see the girl crossing the road. Unified Police Lt. Don Hutson said the driver claims she did not see the girl because it was so dark outside.

The UPD’s Major Accident Team is still investigating the accident.

Have you been injured in a pedestrian accident? If so, you may have legal rights that entitle you to compensation. Click here to find a personal injury lawyer who has the experience and skill to help you file an accident claim in the hopes of recovering maximum compensation for your injuries, medical bills, lost wages, and pain and suffering.

An SUV accident in South Carolina has left two people injured and one little boy dead.

The accident occurred in Fairfield County as 30-year-old Frank Brown was driving his Ford Expedition along Cook Road. The vehicle somehow ran off the right side of the road, but Brown was able to correct the situation and move back onto the road. Not long after, the SUV veered off the right side of the road again, this time hitting a tree and catching on fire.

Brown was driving with his two young sons, ages four and two. The four-year-old boy was killed in the accident. The two-year-old boy was ejected from the vehicle, but fortunately survived. He was taken to Palmetto Richland Hospital where he was treated for his injuries. Brown was taken to the Augusta Burn Center for his injuries.

The South Carolina Highway Patrol is investigating the cause of the accident, but it is believed that a defect with the SUV or a condition on the road was likely to have contributed to the accident. Recent tests conducted on Ford SUVs found that the vehicles have design defects that make them inherently unstable, which in turn makes it difficult for drivers to control the vehicle. If the road was improperly designed, or if the county failed to maintain the road, that also could have contributed to the accident.

When an accident is caused by a vehicle defect or poorly maintain roadways, the vehicle manufacturer and city or county responsible for maintaining the road could be held liable for damages in a personal injury lawsuit. If you or a loved one has recently been injured in an SUV accident, you should take a moment to consult an experienced  personal injury attorney who can help you pursue a claim against the responsible party.

A four-year old girl is dead, and investigators believe a toxic substance used to kill rodents could be to blame.

A fire crew arrived at a Layton, Utah home after the family’s carbon monoxide detector went off. According to The Salt Lake Tribune, both the carbon monoxide in the air and in the family’s blood were slightly elevated, but not high enough to pose a risk of danger.

By the time gas teams arrived to ventilate the home, carbon monoxide levels could not be found in the air. But the following night the mother had to take her four-year-old daughter to a pediatric clinic because she was having trouble breathing. The girl was then transported to the hospital where she later passed away. That same night, the father and the couple’s three other children began experiencing flu-like symptoms. It was later discovered that an exterminator had put chemical pellets in burrow holes in the lawn. It is believed the chemicals somehow seeped into the house causing the family to become sick.

The Utah National Guard and hazardous chemicals investigators came to the home to investigate how the chemical seeped into the house. Their other objective was to determine whether or not the chemical triggered the carbon monoxide detector.

As evidence of this story, exposure to a hazardous or toxic material can lead to serious health complications and sometimes death. If you or a loved one has become sick, or if a loved one has died after being exposed to a chemical or some other toxic substance, it’s in your best interest to consult a knowledgeable personal injury attorney. An attorney can review the facts of your case to determine if another party is at fault for the exposure and thus liable for paying damages.

Following an accident with an SUV, a Pennsylvania school bus driver has been cited for running a stop sign.

The accident occurred in the morning, just as it was beginning its rounds to pick up students and take them to Jackson Elementary School. Luckily, only four of the 23 students who take the bus to school were on the bus when the accident took place.

According to Jackson Township Police Chief Robert Fatula, the bus driver pulled in front of the SUV, thus causing the collision. Fortunately, none of the four children on the bus, the bus driver or the driver in the SUV were injured. Nevertheless, the driver will still be cited for running the stop sign.

School bus accidents are a common occurrence, and can result in serious injury or even death. If your son or daughter was injured or killed in a school bus accident, you should take a moment to consult a knowledgeable  Pennsylvania personal injury attorney about your legal rights and options. If you can prove the bus driver, the driver of another vehicle, or the bus owner or manufacturer was somehow negligent or at fault, you could be awarded damages for your son or daughter’s injuries, medical expenses, pain and suffering, and more.

It was recently discovered that the driver of a San Francisco bus that hit a fire hydrant, causing water to shoot 30 feet into the air, had less than 1 year of experience on the job.

The accident involved the 22-Filmore Muni Bus. All buses are equipped with a wheel chair lift to accommodate the city’s wheel chair population. In this particular incident, a passenger in a wheel chair fell while attempting to exit the bus using the wheel chair lift.  Twenty minutes later, while the lift was still extended, the bus began to move forward. That’s when it hit a fire hydrant, causing the water to shoot 30 feet into the air.

Fortunately, the passenger did not sustain any serious injuries. The bus driver, whose name has not been released, has been placed on non-driving status.

The San Francisco Municipal Transportation Agency is investigating how it was possible that the bus moved forward while the lift was still extended.

If you were injured in a Muni bus accident or while riding on a city bus, you could have legal grounds to file a personal injury lawsuit. However, it’s important to consult an attorney before taking any sort of legal action, as the laws are slightly different when filing a lawsuit against a city or county. An experienced  San Francisco personal injury lawyer can review the facts of your case, advise you of your rights, and help you pursue your accident claim for maximum compensation.

A high school football star’s family claims a paramedic’s negligent actions contributed to their son’s untimely death. 

The family of 17-year-old Atlas Fraley, a lineman on Chapel Hill High School’s varsity football team, has filed a wrongful death lawsuit against the Orange County paramedic who treated Fraley, Orange County, and Orange County Emergency Services.

The lawsuit specifically mentions James Griffin, a paramedic with Orange County Emergency Services. The lawsuit claims that Griffin failed to provide adequate care to Fraley, violated protocol for treating the condition, and did not attempt to contact Fraley’s family before he left the house. The lawsuit alleges that had Fraley’s condition been properly evaluated and treated he would likely have survived.

The incident occurred when Fraley called 911 complaining of severe cramping, not long after returning home from a football scrimmage. He told 911 operators that he thought he needed intravenous fluids. Griffin and a four-year EMS student responded to the call. After checking him out, Griffin advised Fraley to continue drinking fluids. But by the time Fraley’s parents arrived home he was already dead.

The autopsy was unable to determine Fraley’s exact cause of death.

The Fraley family is seeking monetary damages for medical and funeral expenses, Fraley’s pain and suffering before he died, and the loss of their son’s companionship and services.

Orange County Emergency Medical Services agreed that Griffin violated several protocols.

If you have recently lost a loved one in North Carolina, and you think another person’s negligent actions are to blame, it’s in your best interest to consult an attorney. An experienced North Carolina wrongful death lawyer can review the circumstances leading up to your loved one’s death to determine if negligence or malpractice is to blame. If negligence or malpractice did indeed contribute to your loved one’s death, an attorney can help you pursue a wrongful death lawsuit in an effort to recover both economic and non-economic damages.

The long-time housekeeper of one of the world’s richest families has filed a lawsuit after being bitten by the family’s English bulldog.

The lawsuit was filed in Manhattan Supreme Court against the Santo Domingo family of Colombia. In the lawsuit, Ozenir Paulo, 57, claims the dog viciously attacked her and bit her in leg at the family’s New York residence on Park Avenue. She said the dog would not release its grip on her leg until the dog’s owner came and pulled it away.

Costa Kensington, the attorney for the dog’s owner, 30-year-old Andres Santo Domingo, said Paulo’s claim is an exaggeration of the truth, and that the bite occurred more than three years ago. She also said the bite was minor and that all of Paulo’s medical bills were paid for by the family.

The Santo Domingo family is considered one the richest families in the world. Andres’ father, Julio Mario Santo Domingo, has an estimated fortune of $4 billion.

If you or a loved one has been bitten or attacked by a dog, you have legal rights that could entitle you to compensation. Following a dog bite or attack, it’s best to consult an experienced dog bite lawyer right away who can review the facts of your case to determine whether or not the owner of the dog can be held liable for damages. Upon the successful resolution of your claim, you could be awarded compensation for your pain and suffering, emotional anguish, disfigurement, lost wages, medical bills, and decreased quality of life.

Nearly 1.5 million strollers have been recalled by the Consumer Product Safety Commission after it received several reports claiming children’s fingertips were cut off.

The strollers have a hinge that can lacerate fingertips when opening and closing the canopy.  So far, the company has received five reports in which children lost their fingertips and two reports of children whose fingertips were cut.

Made by Graco Children’s Products, the strollers were sold at a variety of stores, including Wal-Mart, K-Mart, Sears, Target, and Toys-R-Us from October 2004 through December 2009. The models that were recalled include the Passage, Alano, and Spree strollers and travel systems.

This is the second stroller recall in recent months. Back in November the CPSC issued a recall of Maclaren strollers after several children suffered similar injuries caused by faulty hinges.  A spokesperson at the CPSC said the commission is planning to thoroughly review all children’s strollers to uncover any additional hinge problems.

If you have purchased one of the recalled stroller models, you should contact Graco about how you can get your stroller repaired. If your child has suffered an injury due to the stroller’s faulty hinge, be sure to report the incident to the CPSC and then find a personal injury lawyer who has experience handling defective product claims.

A family is claiming that an overdose of the drug Botox contributed to the death of their 7-year-old daughter.   

The family of Kristen Spears has filed a lawsuit against Botox manufacturer Allergan Inc. Kristen, who was diagnosed with cerebral palsy, started receiving Botox injections at the age of 6 to help calm muscle spasms in her legs caused by cerebral palsy.

Although Botox is best known for eliminating frown lines and wrinkles, it is also frequently used as a muscle relaxer. In some cases, it has even been shown to help young patients walk again without having to undergo surgery.

According to her death certificate, Kristen died of respiratory failure and pneumonia. In the lawsuit, her mother claims that an overdose of Botox weakened the muscles that controlled her breathing, which ultimately led to her death.

Vaughn Crawford, the attorney representing Allergan Inc., argues that his client is not responsible for the girl’s death. In fact, he claims the drug was effective in relieving many of Kristen’s symptoms, and that the cause of her death was common for children with cerebral palsy.

The case will focus largely on the chemical used in Botox—botulinum toxin. This toxin is a strong poison that blocks neural connections, which helps the muscles relax. The case will question whether or not Kristen received too high a dosage, causing the toxin to spread throughout her body. Experts are scheduled to testify about how the botulinum toxin works and its effect on the human body.

If you or someone you love has suffered an injury or wrongful death due to a defective drug, it’s in your best interest to speak with an attorney about your legal rights and options. Contact a Los Angeles personal injury lawyer today to arrange a consultation to discuss your case!

A sexual abuse lawsuit has been filed against an Indiana nursing home and one of its certified nursing assistants.

The lawsuit was filed by Adell Franklin, 56, who claims a nursing assistant working at the home came into his room and touched him in a sexually suggestive manner without his consent.

Franklin moved to the Golden Living Centers in Merrillville after a stroke left him partially paralyzed. The lawsuit was filed against the nurse, 26-year-old Ismael Golden, and Golden Living Centers.

Golden has yet to comment about the allegations, but in an interview with the Post-Tribune a year ago he claimed that Franklin knew he was gay, and because Franklin disapproved of his sexuality he fabricated the alleged abuse because he didn’t want Golden to take care of him.

Golden has since been fired from the nursing home and charged with misdemeanor battery. He is scheduled to appear in Lake Superior Court on March 1.

The nursing home has refused to comment on the case, since it hasn’t been served with a complaint yet, but did say that it does not tolerate abuse or mistreatment of any kind and that Golden underwent a stringent screening process before he was hired.

Franklin’s lawsuit is seeking an unspecified amount in damages.

If you or a loved one is a victim of sexual abuse in a nursing home, you could have legal grounds to file a lawsuit and collect damages. To learn more, it’s best to arrange a consultation with a skilled nursing home abuse attorney as soon as possible!

This past Tuesday, an attorney representing a teen that was wrongfully killed while riding his bicycle argued that a restaurant and an impaired driver were at fault for the 14 year old boy’s death. According to the lawyer, if the restaurant had not served the driver 10 beers within a 5 hour period, she would not have killed Jose Rincon Jr.

At first the defendants argued that Rincon’s death was caused by a road defect.  However, his lawyer countered that the driver, Glenda Rumsey, was responsible for the boy’s death and so was the restaurant that continued to serve her alcohol.

The wrongful death trial was held in the Pima County Superior Court. Three attorneys were permitted to give opening statements on behalf of their clients.

Rincon’s death occurred on January 12, 2008. After his death, his parents, Jose Rincon Sr. and Adriana Rincon, filed a wrongful death claim. The parents listed Rumsey and Chuy’s restaurant as defendants on their claim. 

Rincon Jr. had been riding his bike on East Broadway at 7:20 PM when Rumsey crashed into him and one of his friends. His friend managed to survive the accident, but Rincon was not so lucky.

After police arrested Rumsey, they had her take a blood-alcohol test two hours after the accident had occurred. In the state of Arizona, the legal blood alcohol limit is 0.08%.  Rumsey’s blood alcohol result was .249%.  Formal charges were brought against Rumsey and she was later convicted of manslaughter and sentenced with 14 years imprisonment. 

It is reported that the Rincon family was able to settle their wrongful death claim for an unspecified amount.

Have you lost a beloved family member?  If so, you may want to consider your legal options. An experiencedwrongful death lawyer can assist you! 

New York, New York – news sources report that a lawsuit was filed against the New York Police Department (NYPD) by the New York and American Civil Liberties Unions. Sources say the civil action was filed on January 20, 2010 and accuses the NYPD of violence and abuse of authority against 13 to 18 year old children.

One of the girls that the plaintiffs spoke with was 13 years of age. She claimed she had to spend several hours in handcuffs before she was allowed to leave the police station with her mother, who arrived later. She also alleges that police threatened to charge her with disorderly conduct, but they never followed through with their threats. 

The 13 year old told reporters that she was, “afraid to go back to school.” She also accused officers of pushing and tripping her.

According to the New York Civil Liberties Union, children were arrested by NYPD officers after simply asking to use the restroom or for writing on their desks while attending school. In the lawsuit, the Union says that there are 5,200 officers working in New York schools and that officers should receive better training before dealing with middle school and high school students.

In 2008, New York City received 1,159 complaints against state police officers for misconduct. Each year, approximately 500 residents filed police related complaints between the years 2002 to 2008.

Police officers are responsible for protecting the safety of residents and must provide security. Anytime officers breach their duty and cause people harm, people should find a personal injury lawyer that handles police brutality cases.

Recently, a Riverside Superior Court jury decided to award a California couple $16.5 million for their medical malpractice claim.  It took the jury eight hours of deliberation to reach a final verdict.

The victim of the medical malpractice claim, Trent Hughes, and his wife filed their lawsuit against a Palm Springs neurosurgeon by the name of Christopher Pham. In their lawsuit, the couple asserted that Pham was negligent while treating Trent Hughes in November 2003.

Prior to receiving treatment from Pham, Hughes was off-roading and was involved in a serious crash after hitting a bump in the terrain. He was airlifted to the Desert Regional Medical Center where Pham was the attending physician on call. After being evaluated, it was discovered that Hughes had a fractured spine, which can be a life-threatening medical condition. Even though he had been diagnosed with such a serious condition, Hughes was not operated on until two days after he suffered his injury. 

Later, Hughes learned that he was paraplegic. This prompted Hughes and his wife to file a medical malpractice claim to obtain compensation for his medical bills, pain and suffering and also future lost income. 

Two years ago, the Hughes settled their claim against the Desert Regional Medical Center for an undisclosed amount. This week, the jury presiding over the Hughes’ claim against Pham awarded the couple $16.5 million after agreeing that the doctor’s negligence and delayed treatment left Trent Hughes paraplegic.

A Phoenix woman passed away after her car burst into flames after being rear-ended by a truck.

Ogla Sanchez Torres, 44, was pronounced dead at the scene by the emergency medical services crew that responded to the accident. 

According to the Phoenix Fire Department, Torres’ vehicle unexpectedly broke down while she was driving on the I-10. As her car was coming to a stop, a truck slammed into the rear of the vehicle. The force on impact was so strong it caused the car to explode with Torres still inside.

Trapped inside wrecked and burning vehicle, Torres passed away from her fatal injuries. And by the time firefighters got to the scene of the accident the car was completely engulfed in flames.

Witnesses to the accident supposedly tried to open the doors but the fire was too intense.

At this time, it is still unknown what caused the truck driver to crash into Torres’ car. However, no citations or charges have been made. A full investigation into the cause of the accident is underway.

On Monday, jury selection began in a police brutality case in which a Michigan police officer allegedly beat an inmate.  

Veretta Burnett, 33, is accusing Sgt. Brenda Stevenson of police brutality, and is suing both Stevenson and the city of Highland Park in civil court. Burnett claims that Stevenson handcuffed her to the holding cage and began punching her repeatedly until her face began bleeding profusely. Burnett also claims she wasn’t taken to the hospital until the following morning.

According to Burnett’s lawyer, the incident was tortuous. Stevenson allegedly positioned Burnett as if she were hanging from a cross. She then put on leather gloves and punched Burnett in the face multiple times. Court records state that Burnett had blood all over her face and head. Her lawyer compared the incident to be as traumatic as getting raped.

The lawsuit also alleges that Stevenson left Burnett chained to the cage for hours and refused to let her use the restroom. She also refused to give her medical attention.

In addition to the personal injury lawsuit filed by Burnett, Stevenson is also facing criminal charges. Not only for using excessive force, but also for lying to federal investigators about the incident. Stevenson allegedly lied to investigators, claiming that Burnett put up a struggle and instigated fights between her and other officers at the station. She also said that she never punched Burnett.

Stevenson was indicted after other officers at the station backed up Burnett’s account.

Highland Park Police Chief Theodore Cadwell II said an internal investigation into the incident is currently underway.

In the meantime, Stevenson continues to work for the police department.