Injuryboard Commentary - death

Semi Trucks And In Cab Computers

Mike Bryant — Sat, 07 Nov 2009 09:32:00 GMT

There have been a lot of posts here at the Injuryboard covering the states that have been forward looking enough to make texting illegal while driving. Some states have added emails to ensure that there are no loopholes. For semi truck drivers, the question has now come up about their computers.

Yes, many of the trucks are now being equipped with complete laptop systems. I would guess that it gets used a lot. But, what about the law? The drivers are saying they can use them safely and responsibly. Seems to me the real question is when are you using it? I haven't seen a law yet that bans any of the items from being in a vehicle, it only prevents it's use.

Truck safety has been a big issue around here as of late. The recent study which indicated that the number of truck accidents should be of great concern and at the same time posts about what the number mean. Clearly, the size of the vehicles and the damage that is done when there is a collision has got to be considered in weighing the significance of all of the concerns. What does even a couple of seconds of distraction add to those concerns?

For anyone involved in a collision with a semi truck, it's clear that questions should be asked about the use of these items. Because, despite having a "Don't Use While In Motion" warning, there is a proceed button. Yet, another reason why hiring an experienced attorney can make a difference to you.

Originally posted at InjuryBoard by Mike Bryant

Wrongful Death Suit Reinstated in Virginia (VA) Against Parents Hosting Visting Teen

Rick Shapiro — Fri, 06 Nov 2009 18:41:31 GMT

Courts and juries can find adults who have temporary supervision or custody of children liable for injuries to those children even when the harm resulted from the actions of someone other than the supervising adults.

Summarizing this Nov. 5, 2009, ruling by the Virginia Supreme Court in a single sentence is difficult. As is all-too clear above.

What the ruling means for babysitters, parents who allow their children's friends to sleep over or spend other long periods visiting, or teachers and care providers is that they can be found to have a legal and civil duty to protect other people's children even when the children are not physically with the babysitter, host, teacher or caregiver.

Virginia's High Court voted 5-2 to support this interpretation of adults' child care responsibilities and liability when partially reversing a lower court's ruling that Richmond-area parents could not be held liable for the death of a North Carolina (NC) who was spending the night at their home.

The lawsuit stemming from the car crash death of 14-year-old Jaimee Elizabeth Kellerman now returns to a Virginia circuit court. In 2005, Kellerman died when a car she was riding in and which was being driven recklessly by 17-year-old Nathan DeFrank ran off a rural highway and hit a tree. Kellerman had permission from her parents to sleep over at the home of Paul and Paula McDonough. But, according to a Daily Press report, Kellerman's parents had specifically asked the McDonoughs not to let Jaimee ride with "boys with cars."

The Kellerman family is seeking $15 million from the McDonoughs in a wrongful death suit for being negligent in protecting Jaimee.

I cannot speculate on the outcome of the reinstated lawsuit, but I can say the Virginia Supreme Court has affirmed a high degree of liability for responsible adults in protecting children from the actions of other people. Broad determinations of liabilities are not rare, especially in regards to wrongful death claims. In light of this, and particularly the ruling in the Kellerman case, I can only advise adults asked to supervise minors (i.e., anyone under 18 years of age) to exercise the greatest care in ensuring those children's safety--a rule nearly all parents already follow but one which this tragic case underscores..

About the Editors: The Shapiro, Cooper, Lewis & Appleton personal injury law firm, whose attorneys work out of offices in Virginia (VA) and North Carolina (NC), edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as pro bono services.

EJL

Originally posted at InjuryBoard by Rick Shapiro

Road Kill: Pedestrian Accidents Often Result in Wrongful Death

John Cooper — Fri, 06 Nov 2009 15:52:25 GMT

When a pedestrian gets hit by a car or truck, the injuries are typically quite severe, including broken bones or even the death of the pedestrian. The pedestrian has the right of way in Virginia if they are inside of the cross walk. If you have to cross anywhere other than an intersection, then the duties on the pedestrian include going across the road in the most direct manner.

Here are some tips to try to avoid being hit by a car as you are walking:

-Make eye-contact with the drivers of oncoming cars, to make sure they see you.

-Follow the age-old advice of "looking both ways before crossing the street."

- Avoid distractions, like talking or texting on your cell phone, or listening to music. You might not notice a car barreling towards you if you are distracted by other things.

- Always watch for traffic, especially cars turning the corner, while you are in the road.

-If you are walking on the side of a street that does not have sidewalks, walk facing the traffic, so that you can see what is coming towards you.

-Never walk behind a vehicle that is backing up. You could be in their blind spot.

-If you are walking at night, try to wear bright colors or reflective clothing.

-If you see a "DO NOT WALK" signal, then you should not walk.

-Always make sure that any children in your care are safely accounted for, and preferably holding on to your hand as you cross the street.

Follow these simple safety tips, and you can improve the odds that you and your loved ones stay safe while crossing the street.

Originally posted at InjuryBoard by John Cooper

What's more dangerous, cheerleading? ... Or foolish coaches?

Steve Lombardi — Fri, 06 Nov 2009 12:01:00 GMT

Is Cheerleading too dangerous? Does it need to be changed? Or does the coaching system simply need to be tweaked to provide a more safety minded mindset?

A Wall Street Journal article on September 17, 2009 addressed the increasingly popular sport of cheerleading and the dangers it presents to girls across America. More news coverage of the injuries incurred by cheerleaders is causing debate on whether certain aspects of the sport should be banned or at least changed. With cheerleading being the cause of “65% of all female catastrophic injuries in high school and college…according to the University of North Carolina's National Center for Catastrophic Sport Injury Research.” There is no wonder why people are upset that this high risk sport does not have the same quality of medical assistance present at all times, as with other sports such as football. To help decrease the risk factor different levels of cheerleading are taking preventive measures such as, “College teams are no longer allowed to perform three-person-high pyramids and do double flips from them. High school teams can't perform flipping basket tosses and last year, twisting dismounts were banned on basketball courts.” Some states (like Wisconsin) view cheerleading as a high risk sport and called it a “contact sport” which the Wisconsin's Supreme Court’s decision “prevents injured cheerleaders from suing their schools or teammates.”

If cheerleading is such a high risk sport as to be considered a contact sport, should not the association which regulates it, make changes to protect the participants or change the way the sport is performed all together. To truly estimate the risk of cheerleading first the sport must attempt to account for all participants across the country. The Wall Street Journal says that “estimates say there are about 400,000 public high school cheerleaders, but the NCAA doesn't track participation (it's not considered a sport) and the number of cheerleaders on private teams isn't known.” The number of cheerleaders all together is hard to pinpoint, but “if you go by the consensus estimate -- that there are about 4 million cheerleaders across the country -- the activity looks about as risky as women's soccer.”

What was the original purpose of cheerleading: to get the crowd’s energy up and to support and “cheer” on the team. There is no doubt that the ways of cheerleading have shifted with regular stunts in routines consisting of split jumps called the “Herkie”, flipping basket tosses, and twisting dismounts. If the stunts of cheerleading of today remain, maybe the activity should be reconsidered an organized sport, instead of just a “girly athletic activity.”

There have been motions set in place to attempt in helping injured cheerleaders. Kimberly Archie founded the National Cheer Safety Foundation in 2008, created this program as a parent of a cheerleader who broke her arm during a practice. She hopes this program will help parents be more aware of the injuries and ultimately help reduce the risks that cheerleaders face constantly. Archie’s organization has been in the forefront of cheerleader safety issues and advocating for positive changes. She’s a positive force that has successfully resisted the headwinds pushing against change.

Should this highly dangerous but popular activity be changed all together, have tighter regulations, or continue to victimize America’s young girls of today. As a parent it’s your choice to accept the status quo or push for changes that may protect your child from a life of misery. All coaches need to get on the safety band wagon for the sake of the cheerleaders. It’s a terrific sport.

Video Library | Lombardi Law Firm

Description: Cheerleading has become the leading cause of catastrophic injury in young female athletes, says Amy Miller Bohn, a physician at the UMHS ...
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The Lombardi Law Firm Blog | Lombardi Law Firm

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Iowa Cheerleader Bibliography of Safety Titles | InjuryBoard Des ...

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Let's work to keep Cheerleading Safe | InjuryBoard Des Moines

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Here is what is wrong with Wisconsin's Anti-Cheerleader Tort ...

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Originally posted at InjuryBoard by Steve Lombardi

Another Lawsuit Filed Against the Maker of "Yaz" Birth Control

Paul Kiesel — Thu, 05 Nov 2009 20:19:40 GMT

From ChicagoNow:

A woman is suing the maker of Yaz birth control after the contraceptive allegedly caused her to develop gall stones.

Melissa Johnson is suing Bayer, the maker of the prescription birth control, because she says it caused her to develop gall stones necessitating the removal of her gall bladder.

According to the complaint, Yaz contains drospirenone, a type of progestin not contained in any other birth control and of which "there is insufficient data to support its safe use." The complaint states that, since Yaz first appeared in the U.S., "hundreds of reports of injury and death" have been submitted to the FDA.

The lawsuit also points out the maker's "over-promotion" of Yaz that led to the FDA requiring it to run new TV ads correcting some of the misleading information.

Click here to view the complaint.

**Also, anyone who has been adversely affected due to taking these prescription drugs, like Yasmin, Yaz or Ocella, should get in touch with Helen Zukin. Ms. Zukin recently retained a client, a young woman, who unfortunately suffered from a stroke, after only taking Ocella (generic version of Yaz) for a month.

Originally posted at InjuryBoard by Paul Kiesel

Can homicide be a workers compensation case in Iowa?

Steve Lombardi — Thu, 05 Nov 2009 12:01:00 GMT

On Thursday October 8^th John Versypt of Cordova Ill. was found in a common area hallway with a gun lying next to him. Mr. Versypt owns rental units in the complex and was reportedly in Iowa City, Iowa to attend to those properties. The investigation remains open and we have to question what would lead to the death of this 63 year old man.

Whose gun was it? Was the gun Mr. Versypt’s or someone else’s?

What caused his death? Was it a bullet or blunt force? If either, was this the gun used in what appears to be a homicide?

Did he die of natural or unnatural causes?

If he died from being shot what does ballistics show us about if it were this gun?

Was it an argument over the collection of rent?

Or did someone know his routine and that he might have rental receipts on him, tried to rob him and he died or was killed?

In shows name is the gun registered?

What will the autopsy tell us about the cause or causes of death?

Who was home in this apartment complex around the time he was killed?

What did they see, overhear or know about what went on?

Why was he there? Was a tenant behind in the rent and he was having a face-to-face meeting with them?

Personal safety never takes a break. Carrying a handgun may seem like a good idea but what if the assailant gets his/her hands on your gun? Then what? You could hire a lawyer and take the matter to court. Sometimes it’s better to spend a little money and be safe. All that said I’m still interested in the homicide and the police investigation. Perhaps by the time this publishes we will have further information and an arrest will be made.

Now let’s get back to the subject of the title, whether or not this is a workers’ compensation claim. It could be, it depends primarily on whether the business owner covered himself with a workers’ compensation insurance policy. The legal system has been taking such a bad rap lately that many people just don’t think about what’s in their best interest. Workers’ compensation insurance is relatively inexpensive. When you consider that it provides at least four kinds of insurance all in one it’s amazing just how cheap and inexpensive it is.

Consider what workers’ compensation benefits come from this type of insurance.

Life Insurance – If the worker dies it provides a weekly pay check the widow or widower.

Burial Insurance – It provides burial benefits to the dead worker.

Disability Insurance – It provides a weekly benefit check for wage loss in the event of disabling injuries.

Medical or Health Insurance – It pays all medical bills but without a deductible or coinsurance provision.

Uninsurance and Underinsurance Insurance – If you’re working and a third party injures you, that would be someone not working for your same employer, then the workers’ compensation policy pays you a decent amount of money for the claim while providing all of the above. Now if you collect from the other guy you have to pay back your workers’ compensation carrier, but what the heck you’re still better off.

Perhaps Iowa’s workers’ compensation insurance is the ultimate universal healthcare benefit. I can’t say that about state programs like Indiana’s because that program tends towards being worse than nothing. Not only do they pay low benefits but you have some adjuster with little or no education directing your medical care. That is worse than being in Communist Russia.

Now back to the landlord; if he covered himself with a workers’ compensation policy under Chapter 85 his widow or dependent children, if any, can receive weekly benefits (the widow for life). His estate will receive a check for funeral and burial expenses. Any ambulance or ER care will be covered along with the doctor and hospital charges. The burial benefits are somewhat limited at $12,000.00 but still they are there and get a person buried.

We wish his family well, and encourage them to know there are better days ahead.

Originally posted at InjuryBoard by Steve Lombardi

Motivational Guru from hit Movie “The Secret” has 2 Lawsuits Filed after Sweat-Lodge Deaths

Rick Shapiro — Thu, 05 Nov 2009 00:36:00 GMT

In what certainly could be many more to follow, the first two lawsuits against the self-help guru, James Ray, who once appeared in the hit documentary called “The Secret”, has been filed in Coconino County Superior Court last Friday. The motivational guru led a group of participants, who each paid $9,000, into a sweat lodge modeled after Indian tribes to aid in seeking visions. The ceremony became fatal after Ray disallowed participants from leaving the lodge despite the pleadings of the now dead victims.

According to the lawsuit, a survivor and a victim's family members are claiming wrongful death, negligence and fraud, among other allegations. Attorneys representing Sidney Spencer and surviving family members of Liz Neuman filed the suits and named James Arthur Ray and his company, James Ray International, as defendants, along with Michael and Amayra Hamilton who own the retreat center where the sweat lodge was built. The lawsuit contends that the victims seek unspecified compensatory damages to cover the costs of Sidney and Neuman's hospitalization and attorney fees in addition to punitive damages to punish the defendants and deter them from similar conduct.

The deceased, Neuman, 49, was one of 60 participants who joined the fatal sweat lodge ceremony at the end of a five-day retreat in a secluded area outside of Sedona earlier this month. The police reports state that at least 20 others were taken to the hospital and Kirby Brown, 38, of Westtown, N.Y., and James Shore, 40, of Milwaukee died at the scene after what appears to be heat stroke from the sauna-like hut.

Neuman spent 10 days in Flagstaff Medical Center before she died, and the suit notes that none of the defendants called Neuman's family members to tell them she was sick. Neuman's family has said they learned she was in the hospital through media reports.

Another victim, Spencer, spent 10 days trying to stay alive in Flagstaff Medical Center after she was exposed to “extreme heat, inadequate hydration, oxygen and toxic fumes,” according to the lawsuit. The claim allege that Ray and the other defendants failed to monitor the participants' well being in the sweat lodge, and did not provide medical treatment after the women became ill and demonstrated visible signs of dehydration.

The sweat lodge was only 415-square-foot and packed more than 60 people inside its walls. The structure purportedly, lacked adequate ventilation, light and failed to have any device in order to monitor the temperature. The lawsuit further alleges that Ray ignored the real dangers of the sweat-lodge ceremony and the 36-hour fast that preceded it. James Ray International’s five day “Spiritual Warrior” retreat took the process way over the line and should not have risked so much.

There are generally four elements to a wrongful death claim/lawsuit whether filed in Virginia (VA), North Carolina (NC) or other states. State-by-state the wrongful death laws differ, and if you believe your loved one or family may have a wrongful death claim, you should contact an experienced attorney as soon as possible.

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law and we have experience handling wrongful death cases. Check out our case results to see for yourself. Our law firm has offices in Elizabeth City, North Carolina (NC) and Virginia Beach, Virginia (VA). Our attorneys have handled numerous wrongful death cases and we understand the difficult circumstances which accompany these types of cases. That’s why you need an experienced attorney to help you through the legal process. Our lawyers hold licenses in NC, VA, SC, WV, KY and DC. We are ready to talk to you by phone right now—we provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042. Our injury attorneys also host an extensive injury law video library on Youtube . In addition, our lawyers proudly edit the Northeast North Carolina Injuryboard, as well as the Virginia Beach Injuryboard and Norfolk Injuryboard as a pro bono public information service.

Originally posted at InjuryBoard by Rick Shapiro

Guilford County Hit and Run Kills Greensboro, N.C. Man

Emily Mapp Brannon — Wed, 04 Nov 2009 00:29:00 GMT

Friends of David Sherman, 55 were shocked when they heard of his death last Saturday. Sherman was the Vice President of Trinity-based Sealy Corporation and played violin in the Greensboro Philharmonia. Friends say that he was a cautious cyclist who obeyed the rules of the road so it was unbelievable for them that he would die in this manner. According to NC Troopers, Sherman was cycling on Church St. just north of Greensboro, NC when he was struck from behind by a vehicle. The vehicle did not stop after the impact to the bicyclist. An eye witness identified the vehicle as a silver Durango and investigators believe that the SUV will have extensive windshield damage due to the impact.

Authorities said Monday they had already located the vehicle that they believed could be linked with Sherman’s death. Investigators, together with the NC Highway Patrol, put up police tape around a Silver Durango which they found at a home in Rockingham County, as they checked for evidence. Charges are pending against the driver until they can pin point exactly where he is located. Sherman’s friends are putting together a reward for information leading to an arrest in the case.

Hit-and-run is defined by Wikepedia, as a crime of colliding with a person, their personal property (including their motor vehicle), or a fixture, and failing to stop and identify oneself afterwards. In December 2004, a review of hit and run accidents 48% of 110 recorded hit and run fatalities were pedestrians. This was followed by 20% passengers in an automobile, 9% were bicyclists, 8% were drivers of an automobile, and 7% were outside a disabled or stopped vehicle, and 6% motorcyclists. It can be noted that 10 of the 98 victims were 18 years of age or younger and 13 were over the age of 60. 33 were female, and race or nationality is not calculated.

This unfortunate incident is a reprehensible and irresponsible act of cowardice. It is almost unimaginable that there really are drivers who do not respect road rules and so flagrantly disobey the law by running from the scene leaving a person behind injured or dead. The only thing the victim or the family’s victim could do is to hope that the culprit turns himself in or the police can apprehend the culprit.

Originally posted at InjuryBoard by Emily Mapp Brannon

3.8 million Toyotas Equal 6th Largest American Recall:Too Late For Four Killed

Mike Bryant — Tue, 03 Nov 2009 23:32:44 GMT

Apparently two years ago there were five complaints from owners of the 2007 Lexus ES 350 about unintended acceleration. It took them a little while, but after an apparent "thorough investigation" Toyota and the National Highway Traffic Safety Administration have now recalled the all-weather floor mats in 2007 and some 2008 ES 350s as well as their sibling, the Toyota Camry. Admitting that the floor mats could jam accelerators on 3.8 million Toyotas.

If they had acted faster would they have saved the four people in California who were killed in a recent crash involving a Lexus with a stuck accelerator pedal? Do you think it was the complaints of the potential litigation that finally caught up with Toyota and made them do something? Maybe, tort deform damage caps might have gotten them to act faster? You have got to be kidding me or maybe you own stock in Toyota.

The recall will affect 2007-2010 model year Toyota Camry, 2005-2010 Toyota Avalon, 2004-2009 Toyota Prius, 2005-2010 Tacoma, 2007-2010 Toyota Tundra, 2007-2010 Lexus ES350 and 2006-2010 Lexus IS250 and IS350.

For more information, consumers can contact the National Highway Traffic Safety Administration's hotline at (888) 327-4236, Toyota at (800) 331-4331 or Lexus at (800) 255-3987.

If you or a family member is injured by a product, you need to get immediate medical care. If there is a significant affect or injury, you should contact an attorney concerning the problem. Early investigation can include the collection of product, checking recall alerts, and the proper notifying of those who caused the problem.

Originally posted at InjuryBoard by Mike Bryant

Entertainer Impaled by Gate Operated by Indian Wells, Widow Sues City

Paul Kiesel — Tue, 03 Nov 2009 20:30:46 GMT

From The Desert Sun:

A trial date for a case involving the death of a local entertainer is expected to be set by the end of the year, officials said.

Victor Leon, 63, of Palm Desert died Jan. 12 after he was impaled by a gate that pierced his car as he was driving through Indian Wells.

Leon was executive producer of Musical Chairs, a local tribute concert series featuring music by great American songwriters.

The incident occurred at the corner of Miles Avenue and Highway 111, near the construction site for the Indian Wells Crossing project.

Leon's wife, Elizabeth Leon, filed a lawsuit June 15 against the city of Indian Wells, the Coachella Valley Water District and two Illinois-based companies — Miles Lodge LLC and Jerson Investments LLC, demanding a jury trial.

A court hearing for the case was scheduled Oct. 7, but was canceled.

The next hearing date is set for Dec. 14, where it is expected that the judge will set the trial date, said Paul R. Kiesel, the Los Angeles-based attorney representing Elizabeth Leon.

“The investigation is ongoing to determine why this tragedy happened,” Kiesel said.

Miles Lodge LLC and Jerson Investments LLC are listed as owners of the property where the gate was, Kiesel said Friday.

Indian Wells and CVWD, however, had a legal easement that allowed employees to have access to and control of the area as well, he added.

According to court documents, the listed defendants “negligently designed, installed, maintained, controlled and operated the gate” that subsequently swung out into Miles Avenue, impaling Victor Leon.

Click here for the rest of the article.

Originally posted at InjuryBoard by Paul Kiesel