Utah Personal Injury Blog - Wrongful Death

Driver Who Killed Utah Runner Suspected of Driving Under the Influence

Bret Hanna — Tue, 13 Oct 2009 21:49:39 GMT

Jeremy Kunz, 33, was in Las Vegas over the weekend to run the Las Vegas Ragnar Relay with his family. Race organizers describe the event as:

RED ROCK then VIEWS OF THE STRIP at night then more RED ROCK. You and 11 of your closest friends running relay-style day and night. Starting in the red rock oasis of VALLEY OF FIRE State Park, your team of 12 maniacs will be embarking on a 180 MILE ADVENTURE-FEST sure to fill all of your desires. The party in your van will only get better as you leap frog your way past the breathtaking views of LAKE MEAD, stunning views of the strip at night and then onto the majestic cliffs of RED ROCK CANY0N The race (and your stamina) will wrap up at Red Rock Casino in the one and only city of sin, LAS VEGAS, NV.

Unfortunately for the Kunz family, the event turned tragic.

At about 4:35 a.m. Saturday morning, Jeremy was standing along the side of the road when he was struck by an out-of-control Nissan driven by a 25-year-old man. The car left the road and as it traveled across the shoulder, it hit Kunz and then skidded across the oncoming lanes of travel before leaving the roadway again and rolling. The driver sustained minor injuries but he was able to flee the scene. He was booked into the Henderson jail on suspicion of driving under the influence resulting in a death, leaving the scene of an accident and resisting arrest.

Jeremy is survived by his wife Melinda, their children Brinci Kay, Tobias Bart and Gage Charles, all of Kamas, Utah, as well as his parents and siblings. Funeral services will be held at 10:00 a.m. Thursday at the LDS Ward Chapel in Kamas.

Originally posted at InjuryBoard by Bret Hanna

Another Senseless Hazing Death

Bret Hanna — Mon, 03 Aug 2009 23:27:59 GMT

I've blogged on this topic before. This time the hazing death occurred in North Carolina and instead of alcohol poisoning being the cause, it was repeated tackling by members of the Theta Chi Fraternity at Lenoir-Rhyne University in Hickory, North Carolina. 19-year-old Harrison Kowiak of Tampa, Florida died last fall of serious brain hemorrhage after he suffered trauma to his head.

Harrison's parents have filed suit against the fraternity because they feel that the organization needs to be held accountable for this senseless death. Their suit contends that Harrison and another pledge were told to walk across a field on an off-campus farm while wearing light colored clothes. Fraternity members, wearing dark clothes, then repeatedly tackled the two which they contend caused Harrison's head injury.

Harrison was relatively small at 160 pounds compared to some of those doing the tackling, some believed to be university football players weighing in excess of 250 pounds. To make matters worse, it does not appear that the fraternity members immediately realized how seriously Harrison was hurt. They tried to get him to stand and walk but he collapsed. Harrison was then driven to a local hospital where fraternity members lied and said that he was injured during a flag-football game on-campus; despicable. Harrison died at Carolinas Medical Center in Charlotte the next day.

This is just one more example of the dangers of hazing. In its many forms, hazing can cause all manner of injuries and as we have seen all too often, it can lead to the extermination of young lives. It must be stopped.

Originally posted at InjuryBoard by Bret Hanna

Hazing Should Have Real Consequences

Bret Hanna — Wed, 22 Jul 2009 10:00:00 GMT

Last November, Michael Starks, an 18-year-old freshman at Utah State University and Sigma Nu pledge, died of alcohol poisoning after a hazing event. On the night of his death, Starks' future brothers voted to have him "captured" by the sisters of Chi Omega at the house next door. As part of this hazing event, eight of those sisters took Starks to an office campus house where he consumed a lethal dose of vodka in their presence. He later died in his sleep at the Sigma Nu house.

But according to an article yesterday in the Salt Lake Tribune, there are no hazing convictions six months after charges were filed by Cache County against twelve people involved in the incident. Four of the twelve have been sentenced to jail and other punishments have been doled out, but none of them were for violations of Utah's hazing statute. Four remaining defendants have filed motions with Judge Thomas Willmore to have the charges against them dismissed and if that happens, it does not appear that there will be any hazing convictions resulting from this tragedy. The status of those charged is as follows:

Cody Littlewood, 20, Sigma Nu president, charged with hazing. Motion to dismiss pending.

McKell Miner, 19, Chi Omega member, charged with hazing. Motion to dismiss to be argued Oct. 1.

Alexandra White, 20, Chi Omega member, charged with hazing. Motion to dismiss to be argued Oct. 1.

Mallory Mitchell, 20, Chi Omega member, charged with hazing. Motion to dismiss to be argued Oct 1.

Whitney Miller, 20, Chi Omega member, pleaded guilty to furnishing alcohol, hazing dismissed. Had multiple prior alcohol violations. Sentenced to 30 days in jail.

Brittany Packham, 20, Chi Omega member, pleaded guilty to furnishing alcohol to a minor, hazing dismissed. Sentencing set for July 20.

Erin Anthony, 22, USU student, charged with furnishing alcohol to a minor. Pleaded guilty and will be sentenced Monday.

Christopher Ammon, 20, Sigma Nu officer, pleaded guilty to furnishing alcohol, hazing dismissed. Fourteen days in jail.

Grant Barney, 23, Sigma Nu member, pleaded guilty to obstruction of justice charge, hazing count dismissed. Eight days in jail.

Sadie Green, 19, entered a plea in abeyance to hazing. No jail.

Timothy Weber, 25, Sigma Nu's vice president, charges dismissed

Brittany Bell, 21, Chi Omega member, charges dismissed

Cecily Kiss, 19, Chi Omega member, charges dismissed

Utah is one of 44 states that has enacted a hazing statute. The Utah statute is in the Utah Code at section 76-5-107.5:

76-5-107.5. Prohibition of "hazing" -- Definitions -- Penalties.

(1) A person is guilty of hazing if that person intentionally, knowingly, or recklessly commits an act or causes another to commit an act that:
(a) (i) endangers the mental or physical health or safety of another;
(ii) involves any brutality of a physical nature such as whipping, beating, branding, calisthenics, bruising, electric shocking, placing of a harmful substance on the body, or exposure to the elements;
(iii) involves consumption of any food, liquor, drug, or other substance or any other physical activity that endangers the mental or physical health and safety of an individual; or
(iv) involves any activity that would subject the individual to extreme mental stress, such as sleep deprivation, extended isolation from social contact, or conduct that subjects another to extreme embarrassment, shame, or humiliation; and
(b) (i) is for the purpose of initiation, admission into, affiliation with, holding office in, or as a condition for continued membership in any organization; or
(ii) if the actor knew that the victim is a member of or candidate for membership with a school team or school organization to which the actor belongs or did belong within the preceding two years.
(2) It is not a defense to prosecution of hazing that a person under 21, against whom the hazing was directed, consented to or acquiesced in the hazing activity.
(3) An actor who hazes another is guilty of a:
(a) class B misdemeanor if there are no aggravating circumstances;
(b) class A misdemeanor if the act involves the operation or other use of a motor vehicle;
(c) third degree felony if the act involves the use of a dangerous weapon as defined in Section 76-1-601;
(d) third degree felony if the hazing results in serious bodily injury to a person; or
(e) second degree felony if hazing under Subsection (3)(d) involves the use of a dangerous weapon as defined in Section 76-1-601.
(4) A person who in good faith reports or participates in reporting of an alleged hazing is not subject to any civil or criminal liability regarding the reporting.
(5) (a) This section does not apply to military training or other official military activities.
(b) Military conduct is governed by Title 39, Chapter 6, Utah Code of Military Justice.
(6) (a) A prosecution under this section does not bar a prosecution of the actor for:
(i) any other offense for which the actor may be liable as a party for conduct committed by the person hazed; or
(ii) any offense, caused in the course of the hazing, that the actor commits against the person who is hazed.
(b) Under Subsection (6)(a)(i) a person may be separately punished, both for the hazing offense and the conduct committed by the person hazed.
(c) Under Subsection (6)(a)(ii) a person may not be punished both for hazing and for the other offense, but shall be punished for the offense carrying the greater maximum penalty.

The criticism of the statute is that it is too broad and is unconstitutionally vague because it may go so far as to criminalize constitutionally protected activities. If that is the case, the statute should be reviewed immediately and revised to address the constitutional concerns so that in the future when hazing incidences result in injury or death, there are serious consequences for those involved. And for more information on hazing and how to stop it, go to resources like StopHazing.org.

Originally posted at InjuryBoard by Bret Hanna

Gunman Kills In Omaha Mall

Amy Schauers — Wed, 05 Dec 2007 15:41:45 GMT

A gunman, name not yet released, open fired at Westroads Mall in Omaha today. It is reported that he killed eight people and five more are wounded, two of those critically, before taking his own life.

Police received a call reporting a shooter about 1:45 p.m. and arrived six minutes later. Most of the victims were inside Von Maur, said Omaha Police spokeswoman Teresa Negron.

"My knees rocked. I didn't know what to do, so I just ran with everybody else," said Kevin Kleine, 29, who was shopping with her 4-year-old daughter. She said she hid in a dressing room with four other shoppers and an employee.

For more information on this subject, please refer to the section on Wrongful Death.

Originally posted at InjuryBoard by Amy Schauers

DNA Sample Used in 1974 Wrongful Death

Amy Schauers — Thu, 08 Nov 2007 15:25:12 GMT

Current DNA technology helped police match samples gathered 33 years ago in a murder case to suspect Gerald Walter Hicker. Hicker actually made the initial missing persons report back in 1974.

Prosecutors charged Hicker with first-degree felony murder for the death of Barbara Jean Rocky.

Barbara was a BYU student and was found shot six times in Cottonwood Canyon March 12, 1974. New DNA technology is aiding policy in their efforts to catch criminals now and in the past. McConkie said, "As there is no statute of limitations on first degree murder, it is so wonderful to know that law enforcement is still trying to find killers from years ago."

For more information on this subject, please refer to our section on Wrongful Death.

Originally posted at InjuryBoard by Amy Schauers

Car Accident Kills Logan Teenager

Amy Schauers — Tue, 30 Oct 2007 16:09:11 GMT

17-year-old Andrew Keith Hyer died Monday after a rollover car accident involving a Chevrolet Suburban swerving to avoid another car that pulled out in front of them on U.S. Route 9.

Three people were ejected from the Suburban and seven were sent to local Logan area hospitals. McConkie said, "My heart goes out to the families of the victims. I believe that the negligent person(s) should be brought forward and charged."

For more information on this subject, please refer to the section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Amy Schauers

Wrongful Death of Draper Boy

Amy Schauers — Fri, 12 Oct 2007 11:57:06 GMT

Dana Blum seeks to hold accountable those involved in the wrongful death of her 14 year old son.

Blum hopes that the charges she brings against a Draper youth care facility will bring about changes. McConkie said, "Facilities that care for children need to be properly trained on life saving protocols in order to get children the medical attention they need if a health issue should arise."

An autopsy showed Brendan died of an obstructed bowel that investigators say would have not been deadly if he had received medical care.

McConkie said, "With emergency medical attention just a phone call away, this death was preventable and senseless."

For more information on this subject, please refer to the section on Wrongful Death.

Originally posted at InjuryBoard by Amy Schauers

Serious Problems Found at Crandall Canyon Mine 3 Years Before Collapse

Jenny Albano — Tue, 02 Oct 2007 16:26:42 GMT

Inspectors from The Bureau of Land Management stated that there were "serious structural problems" found at the Crandall Canyon Mine in Utah three years before the roof of the mine collapsed and killed nine people in August 2007. But the Labor Department did not know about the problems with the mine until after the collapse and the agency approved mining at the site.

"This is like the CIA not getting information from the FBI when we're getting attacked by terrorists," said Sen. Edward Kennedy, D-Mass., whose committee also is investigating the oversight by the Labor Department's Mine Safety and Health Administration of the mine and the accident response.

The mine collapsed on August 6, trapping 6 mine workers over 1,500 feet below ground. The six men were never reached due to numerous problems with rescue efforts ans are presumably dead. On August 16 three rescue workers were killed during a rescue attempt.

The inspector for the Bureau of Land Management wrote that the pillars of coal that were holding up the ceiling of the mine were insufficient and were failing. He stated that retreat mining, which is where pillars of coal are used to hold up the mine's roof, and once the area is completely mined workers pull the pillar and take the useful coal, would be "untenable".

Kevin Stricklin, a coal mine safety and health administrator for the Labor Department, said that knowing about the report would have been helpful in making a decision about allowing mining at the Crandall Canyon Mine, but the BLM report was only for internal use.

Lawmakers do not think that the Mine Safety and Health Administration did everything in their power to prevent the mine collapse. The mine collapses are thought to be from a "bump", which is a spontaneous explosion from the mine roof because of pressure from the mountain on top of it. The Crandall Canyon Mine would have been especially prone to a bump because the miners were trying to mine the last of the coal and the weakened state of the pillars would put extra pressure on the mine roof.

If the BLM reports had been known about the tragedy at the Crandall Canyon Mine may have never occurred.

For more information on this subject, please refer to our section on Workplace Injuries and Discrimination.

Originally posted at InjuryBoard by Jenny Albano

Wrongful Death Lawsuits in the State of Utah

James McConkie — Wed, 06 Jun 2007 16:07:14 GMT

Jim McConkie and Brad Parker have handled numerous wrongful death claims in the State of Utah and hold the record for a jury verdict in this area. Under common law, a dead person cannot bring a suit for the death of a relative. That rule has been overridden by a Utah law which, for example, permits a wife and children to bring a suit for the death of a husband.

Originally posted at InjuryBoard by James McConkie

Collision With A Semi-Truck? Who Suffers The Damage?

Brad Parker — Tue, 05 Jun 2007 15:38:40 GMT

When automobiles are involved in highway accidents with semi- trucks, those traveling in the automobiles are generally at far greater risk and danger than those traveling in the semi-trucks. It is really just a matter of physics. The mass and kinetic energy of a loaded semi truck traveling at 55 miles per hour is almost always significantly greater than the mass and kinetic energy of any automobiles on the road. Just as the energy, mass and force of a person's foot can collapse an aluminum beverage can with little or no damage to the foot, automobiles are often crushed and severely deformed when they collide with the formidable mass of a loaded semi-truck.

It is for these very reasons that semi-trucks are often required to travel at slower highway speeds than the automobiles on the road. It is also because the potential for serious damage, injury and death is greater in automobile accidents involving semi-trucks than it is when only automobiles are involved, that licensed semi-truck drivers are required by law to pass skill and training tests that are more comprehensive and difficult than the tests required to obtain an automobile driver's license. Additionally, semi-truck drivers are generally required by law to carry greater wrongful death and injury insurance (often in amounts exceeding $1,000.000.00) than are automobile drivers. In the United States alone, over 5,000 people die each year in truck accidents. http://transit-safety.volpe.dot.gov/Safety/Safety.asp

Originally posted at InjuryBoard by Brad Parker