Michigan Personal Injury Blog - Grand Rapids

Survive Black Friday?

Timothy Smith — Sat, 28 Nov 2009 14:19:54 GMT

A number of years ago, I represented a young woman who was injured by a crowd that had gathered outside a Wal-Mart in Cadillac Michigan after reading about a new home video gaming system that was being released. My client was 7 months pregnant and had hoped to surprise her husband with a new video gaming system for his birthday.

By 5am, the crowd was nearly 100 and the Walmart had advertised that quantities were limited to 25 gaming units. As the store approached the opening hour, the crowd was getting restless. Bullies in the back of the line began pushing forward and tempers began to flare. You'd think that Wal-Mart would have recognized this and set up a system to ensure that the sale of the systems occurred in a safe manner to the 25 first individuals in line. Simple measures such as handing out wristbands to the first 25 or any number of approaches would have spared the crowd from what came next.

At the time of the opening, a Wal-Mart employee came forward and simply unlocked the front door. The crowd surged forward as it became every man and woman for themselves. My client, who was 8th person in line, was pushed to the ground and trampled by the folks behind her.

By the time the dust settled on the stampede, my client lay on the floor of the entry to Wal-Mart - bruised, battered and going into labor from the trauma. Emergency medical technicians from Cadillac were called to the scene and transported her to Cadillac Mercy Hospital where the doctors were able to stop the labor. She wasn't able to have any x-rays of her injured pelvis, hips and back because of the risk to the fetus. She spent the next 2 months on her back wondering if her unborn child was going to be okay.

When I sent my first notice of claim letter to Walmart, they responded by denying that their store or it's employees had done anything wrong. Suit was filed against Walmart in Wexford County Circuit Court. I was able to secure a copy of the security tapes from the front door. The tapes showed the Walmart employees laughing at the crowd gathered outside and then laughing at the stampede that ensued once the front doors were unlocked. The video was very similar to this YouTube clip from a Black Friday Stampede in Grand Rapids Michigan.

http://www.youtube.com/watch?v=aeSgBL7gpAk

It's shocking to me that this happens every year at the Big Box stores like Wal-Mart, Sam's Club, Best Buy and others. Even more shocking are the security regulations that each store has drafted and implemented which are rarely followed when the store is releasing a new limited quantity gaming system or on the morning of Black Friday. Through extensive discovery [which Walmart fought every step of the way], my office obtained internal safety rules and regulations that, if followed, could have prevented my client's injury.

What's even more shocking is that Wal-Mart and other big box stores not only endanger the lives of their customers, but evn their employees aren't safe during these Black Friday Riots. In fact, one Wal-Mart employee was killed during one of the Black Friday riots like you just watched above.

http://www.youtube.com/watch?v=5S6UKRaM5fA

Wal-Mart called this death of it's employee "an unfortunate event". That's an understatement. Every big box store knows that Black Friday brings big crowds and that big crowds can cause big problems. So why is it that every year we have people getting injured and even killed while trying to shop? Why aren't stores following the rules and regulations they themselves have implemented to provide a safe shopping experience for it's customers? I suppose we can answer that question in a single word - Profits. Proper security measures are expensive to implement....

My client was one of the lucky ones. The money that Wal-Mart paid to her at the conclusion of the litigation more than covered her medical bills and her pain and suffering. More importantly, after laying in bed under doctors orders for 2 months, her child was born healthy. She still has days where she has aches and pains in her pelvis and low back from where she was trampled, but she knows that it could have been worse. Much worse.

Originally posted at InjuryBoard by Timothy Smith

Recent Michigan Taser Incidents Cause Concern for Safety, Use of Force

David Mittleman — Tue, 17 Nov 2009 17:11:31 GMT

Two recent incidents involving the use of Tasers have grabbed headlines throughout Michigan and around the country, again raising doubts about the safety of the product and its use by law enforcement officials. Generally considered a "less-lethal" way of subduing unruly suspects, the use of Tasers has engendered serious controversy in recent months.

Earlier today, a young man in East Grand Rapids, Michigan, died in police custody after being Tasered. Early reports suggest that Matthew Bolick, 30, was Tasered twice during a struggle with local police officers.

Late last week, a Lansing, Michigan, police officer was reprimanded for Tasering a suspect who had already been handcuffed. Rocky Allred, 43, fell to the ground after the weapon was used on him, fracturing his jaw, chipping a tooth, and requiring eight stitches. The incident occurred back in August, and charges against Allred have been dismissed. The officer has been suspended for two weeks without pay for the appalling violation of police policy.

In late October, police in Traverse City, Michigan Tasered a 17-year-old girl following a traffic stop.

The recent spate of Taser-related injuries and deaths is by no means limited to Michigan. Injuries stemming from the use of the device have been reported across the country.

Originally posted at InjuryBoard by David Mittleman

MSU Student Killed in Grand Rapids-Area Car Crash

Devon Glass — Wed, 21 Oct 2009 07:36:57 GMT

Jeremy Sobczak-Obetts was, by all accounts, a hard-working and humorous individual with a bright future. A senior at Michigan State University, he had hoped to graduate with a degree in food service management. According to friends and family, Jeremy had a wealth of natural talent and exhibited a knack for succeeding in everything he tried.

Tragically, a car crash in Ada Township this weekend cut Jeremy's young life short. The single-vehicle accident, which occurred early Saturday morning, was caused when the SUV in which Jeremy was traveling slid off the road and struck a tree at high speed. The vehicle suffered catastrophic damage, although the driver sustained only minor injuries. Authorities believe alcohol and high speed were factors in the crash.

Jeremy's life may have ended Saturday morning, but his story is far from over. His grieving family members have spoken out to the media about the perils of drunk driving. Andrew Tittle, the driver of the SUV and a friend and neighbor of the Sobczak-Obetts family, has been formally charged with operating a vehicle while intoxicated, causing death. Reports indicate that Tittle's blood-alcohol level was .22, nearly three times Michigan's legal limit of .08.

Jeremy's story is another horrific example of the consequences of drunk driving. Never drink and drive, and do not accept a ride from anyone you suspect to be drinking. Be smart, play it safe, and arrive alive.

Originally posted at InjuryBoard by Devon Glass

Meadows Introduces Bill to Ensure Transparent Disbursement of Settlement Money

David Mittleman — Wed, 29 Jul 2009 16:07:00 GMT

State Representative Mark Meadows (D-East Lansing), chair of the Michigan State House of Representatives Judiciary Committee, has taken aim at the office of state Attorney General and its current occupant, Mike Cox. It seems that Meadows is hoping to prevent Cox from using the Attorney General’s office to shore up support for his run for the governorship in 2010.

Meadows has introduced House Bill 4799, which would require money received by the State of Michigan in the form of settlements to be deposited into the state’s general fund. The excess settlement money would then be doled out by the standard appropriations process, rather than at the discretion of the Attorney General.

Meadow’s bill was prompted after Cox offered to give $500,000 to two Grand Rapids-area parks. The money was part of a settlement agreement between the State of Michigan and beleaguered mortgage giant Countrywide. The proposed allocation met with local opposition and allegations that the contribution was politically motivated. Adding to the concern was the apparent involvement of Peter Secchia, a well-known Republican.

Cox has dismissed accusations of partisan behavior stemming from his authority as Attorney General. Meadows, meanwhile, states that his intention is not to rein in Cox, but rather to ensure State settlement money is disbursed in a transparent manner and with full accountability.

Originally posted at InjuryBoard by David Mittleman

White Pigeon Man Causes Two-Car Collision, Injures 6

Devon Glass — Wed, 01 Jul 2009 18:58:02 GMT

Tuesday—a 37-year-old White Pigeon man ran a stop sign and caused a two-car collision that injured him and five other people while attempting to get to the scene of a motorcycle accident that injured his 18-year-old son.

The man’s vehicle was struck Tuesday at U.S. 131 in Constantine, about 80 miles south of Grand Rapids. The man’s sons, 17 and 15, were riding in the car with him and were also injured. The driver of the second vehicle, an eighteen-year-old man, was also injured along with his 6-month-old daughter and his 19-year-old girlfriend.

All six people were taken to a local hospital. There is still no word on any of their conditions. The man who caused the accident received a citation for disobeying a stop sign.

Originally posted at InjuryBoard by Devon Glass

Washington DC Metro Train Accident

Timothy Smith — Tue, 23 Jun 2009 20:44:15 GMT

Various news outlets report that at least 9 people have died and up to 70 were injured when a Washington DC Metro train crashed into the rear of another train during the peak of rush hour traffic. Last night's crash occurred between the Takoma and Fort Totten stations.

Investigators are still trying to determine what caused the crash. In fact, the National Transportation Board is investigating witness reports that the impacting train stopped briefly before accelerating and crashing.

Metro management wouldn't comment on how fast the train was travelling at the time of impact. The impact took place at a location with a sizable distance between rail stations where the trains can reach some of the highest speeds along the rail system.

The lead train was actually stopped at impact. Video from the scene showed the incoming train ontop of the stopped lead train. The impact was so severe, that it was reported on Larry King Live that one of the cars was at least 75% compressed.

For information on safe train travel and what you can do to help ensure your and others safety on public rail transport, click here.

Originally posted at InjuryBoard by Timothy Smith

Grand Rapids Car Crash Leaves Teen with Broken Pelvis

Devon Glass — Sun, 21 Jun 2009 16:15:31 GMT

A 16-year-old boy from Kentwood suffered a broken pelvis as a result of a two-vehicle car crash on June 18, 2009, in Grand Rapids. Another driver ran a red light, according to police, and collided with the teen’s vehicle. The accident occurred just after midnight at 44^th Street and Breton Avenue SE.

Originally posted at InjuryBoard by Devon Glass

Window Washer Falls to His Death in Grand Rapids

Devon Glass — Thu, 18 Jun 2009 14:11:27 GMT

Grand Rapids—this Wednesday, a 21-year-old window washer fell to his death from the roof of the Grand Rapids Art Museum. The Michigan Occupational and Health Administration is investigating the window washing company for potential violations of workplace safety.

Witnesses reported that the man fell face first and landed on the sidewalk below after the scaffolding he was attached to collapsed. MIOSHA’s initial findings point to problems with the man’s harness, which may have hit him and knocked him unconscious prior to his descent. After his fall, he was taken to Saint Mary’s Health Care in Grand Rapids, where he died.

This is the second accident involving the Grand Rapids-based window washing service in the past 26 months. The company received four citations back in 2007, three of which were classified as “serious” and carried a $700 fine each, after two workers fell about 90 feet outside of the Van Andel Arena when a basket lift machine they were in tipped and dumped them both to the pavement. Neither man was seriously injured, but the company received the citations for failure to provide training on safe use of the lift, failure to test the lift each day prior to use, and for exceeding the maximum height for the lift.

Originally posted at InjuryBoard by Devon Glass

What to do in case of a dog bite

Timothy Smith — Thu, 26 Feb 2009 16:31:00 GMT

The Center for Disease Control and Prevention reports that 4.7 million people per year are bit by a dog. In case you, a friend or family member are attacked, here are some steps you should take:

1. Identify the animal. If you can't ID the animal to confirm it is rabid, you will have to get rabies shots.

2. If you are attending to someone who was bit and the dog is still present, advise everyone nearby to remain motionless so you won't provoke another attack.

3. Once the area is safe, asses the wound.

4. Wash the wound gently with warm water and soap.

5. Apply direct pressure to the area of the bite to stop any further bleeding.

6. Apply a sterile bandage to the wound.

7. Keep the site of the bite above heart level to slow swelling and prevent infection.

8. Seek immediate medical attention.

9. Report the bite to your local animal control office or police department. Don't take the owner's word for it that the animal's shots were current. You don't want to risk rabies.

10. Seek legal advice to confirm what rights you, your friends or family have in this situation.

Originally posted at InjuryBoard by Timothy Smith

Grand Rapids Sink Hole Causes Fingers to Point

Timothy Smith — Sat, 17 Jan 2009 14:55:55 GMT

Edward Michael of Grand Rapids was on his way home from church last Sunday when the pavement under his Geo Prizm literally opened up beneath his car and began to swallow it.

He jumped out of the car and as he called a tow company, he began to watch a sink hole develop around his car that grew in excess of 30x20 feet.

This happened on Birchcrest Dr. SE just north of 28th St SE.

City officials claim that the sink hole was caused by an underground pipe that burst under the property of a neighboring apartment complex. Catherine Mish, a City Attorney in Grand Rapids has denied any liability claiming, "I can't discern that the city did anything wrong and that we failed to take action we should have taken. I would recommend that it's worth his time to talk to the insurance carrier for the apartment complex."

Meanwhile, a spokesperson for the apartment complex, Chuck Corkum [President of Gordon Management Co. of Royal Oak] claims that the pipe broke under the city owned property, not under his property, so he denies all responsibility.

While the city and the company that owns the apartment complex point fingers at each other, Mr. Michaels is borrowing a car from his cousin to get to his part time jobs.

Usually in situations like this, one insurance company [the city] would pay the claim so that Mr. Michaels could get his car fixed and get to and from work. If it turned out later that the sinkhole was caused by the pipe under the apartment complex, then the City would get reimbursed from the insurance company for the apartment complex.

But, since neither of them are willing to do the right thing, Mr. Michaels is left in the lurch with no car. It just doesn't seem right.

If you're as frustrated as he is regarding being the proverbial taffy in the insurance company taffy-pull, why not let Gordon Management or the City Attorney know how you feel about it.

Gordon Management
115 South Main Street #200
Royal Oak, MI. 48067
(248) 547-0808

To email Grand Rapids Attorney Catherine Mish -> cmish@grcity.us

Originally posted at InjuryBoard by Timothy Smith