Virginia Personal Injury Blog - Wrongful Death

Plane piloted by Virginia Beach (VA) man was low on fuel, investigators say

Jim Lewis — Wed, 25 Nov 2009 20:10:25 GMT

Mado McDonald, a Virginia Beach (VA) small-plane pilot whose plane crashed in South Carolina earlier this month, told controllers he was low on fuel, The Associated Press reported.

McDonald had flown the Raytheon Beechcraft King Air 200 twin-engine aircraft from Norfolk International Airport to Greenville-Spartanburg International Airport in Greer, S.C. for maintenance at Stevens Aviation.

The crash came the morning on Nov. 9 during what was described by the Spartanburg Herald-Journal as a “service ride,” not unlike taking a car for a drive with a mechanic after a repair.

Investigators found just half a gallon of fuel in the plane’s tanks after the crash, the Herald-Journal said, and eyewitnesses saw the engines “feathering” – going so slow the propeller blades were visible – just before the crash.

The plane crashed onto a highway just short of the airport grounds. Stevens Aviation technicians Ed Wilk and Derrick Holliday have both been released from the hospital, The AP reported, while McDonald remains in good condition at Greenville Memorial Hospital.

The plane is registered to MDTR Holdings LLC of Virginia Beach, The Virginian-Pilot reported, a corporation that shared the same address with the ECPI College of Technology.

The latest revelations come as part of a preliminary investigation by the National Transportation Safety Board. The technicians told the NTSB that the plane took off with just 400 pounds of fuel in it, according to the AP report. The plane crashed just 19 minutes later.

No one on the ground was injured.

About the Editors: Shapiro, Cooper, Lewis & Appleton personal injury law firm (VA-NC law offices ) edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono service to consumers.

(MM)

Originally posted at InjuryBoard by Jim Lewis

Nor'easter heightens drowning risks to Hampton Roads (VA) residents

Rick Shapiro — Wed, 11 Nov 2009 23:21:15 GMT

The Nor’easter that blew into Hampton Roads Wednesday afternoon may be one for the record books – but hopefully residents will exercise common sense and stay safe.

The greatest hazard to human life during Nor’easters and other severe coastal storms is drowning while behind the wheel. The National Weather Service says that more than half of all storm-related drownings come when someone drives into water.

“People underestimate the force and power of water. Many of the deaths occur in automobiles as they are swept downstream,” the weather service says on its Web site. “Of these drownings, many are preventable, but too many people continue to drive around the barriers that warn you the road is flooded.”

In Norfolk, city emergency managers are urging drivers to be especially cautious both Thursday and Friday from 3 a.m. to 8 a.m. and from 3 p.m. to 8 p.m., WAVY-TV reported. These times are when tides are expected to reach their apex.

Typically, in Norfolk, these streets flood: Hampton Boulevard north of Old Dominion University, Tidewater Drive south of Brambleton Avenue, and large parts of the Hague, Willoughby, East Ocean View, Larchmont and Edgewater.

The weather service has these suggestions to avoid drowning in a storm:

• Listen to NOAA weather radio or another trusted news source

• If flooding occurs, get to higher ground

• Avoid areas already flooded and don’t try to cross flowing water

• Don’t drive on flooded roadways; the road may be washed out

(MM)

Originally posted at InjuryBoard by Rick Shapiro

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

Suffolk’s Dog Leash Law Slated for Long Overdue Review and Expansion

Randy Appleton — Tue, 03 Nov 2009 09:41:15 GMT

The Nov. 3 Virginian-Pilot contains a report that will probably surprise most people in Tidewater. To quote the article, “The ‘enforcement areas’” for the city law requiring owners to keep their dogs on leashes when taking the animals off their own property, “omit large swaths of rural Suffolk and some newer housing developments.”

The exceptions—which do not exist in Chesapeake, Norfolk, Portsmouth, or Virginia Beach unless a dog is properly and legally used for hunting—have led to situations like one described in the article in which animal control officers could not impound a threatening pit bull because the officers had no legal authority to do so.

I wrote a few months ago that dangerous dogs often have owners who do not take the responsibilities to properly train and control their pets. Few steps are more responsible—or simpler—than keeping a dog on a leash while taking the animal out of the house or outside a fenced yard. At least 20 Americans have already died this year after being attacked by a dog. The final tally for dog bite fatalities in 2009 will probably exceed the number of 23 reached in 2008. And as high as those statistics seem, deaths from dog attacks pale in comparison to the millions of serious injuries that result from dog attacks in the United States each year.

Suffolk city council members have agreed to review their municipal leash law and may vote on an expanded ordinance this December. I hope the council members do act quickly.

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law. We have experience handling wrongful death cases, and we understand the difficult circumstances which accompany these types of cases.. Check out our case results to see for yourself. Our primary office is in Virginia Beach, Virginia (VA), but our lawyers also hold licenses in NC, 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. Furthermore, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as pro bono public information services.

EJL

Originally posted at InjuryBoard by Randy Appleton

Mise Family grieves over loss in Virginia Beach, Virginia

Emily Mapp Brannon — Fri, 23 Oct 2009 13:48:39 GMT

I am stricken with emotion as I read the most recent story about the Mise family relating to the wreck on October 20, 2009 in Virginia Beach, Virginia. This family of six endured a horrible loss on Tuesday. As a member of a large family, I know how hard it is to raise that many children with two parents. I can only imagine how difficult Mr. Mise’s job will be in the upcoming months and years as he raises these children all on his own.

In a wrongful death case such as this one it is important that the family choose a knowledgable law firm to protect their interests. In order to handle all the details of the Estate, someone must qualify to serve as an administrator of the estate. In the event that the family decides to hire an attorney they should look for someone who is familiar with all of the requirements of a wrongful death case in Virginia and specifically familiar with practice in Virginia Beach, Virginia. Given that the Mise family is not local to Virginia Beach, it will benefit them to hire an attorney that is located in Virginia Beach. Following a wreck such as this one, there is a lot of evidence out there which needs to be collected. It is important that the evidence is preserved in a timely fashion. There were witnesses to the wreck who should be interviewed as well as officers who have information about the crash.

It angers me when I continue to read articles about the lack of seatbelt on behalf of the mother and child. What many people don't realize is that this fact is inadmissible in a courtroom and really has no relevance to fault. I also read that the young daughter was ejected despite the fact that she was in a car seat. This causes me to ask if there was a problem with her car seat, perhaps a manufacturing defect. There are a lot of unanswered questions right now. My thoughts and prayers are with the Mise family as they deal with this loss.

Originally posted at InjuryBoard by Emily Mapp Brannon

Virginia investigators studying boat collisions

Jim Lewis — Sat, 10 Oct 2009 21:11:17 GMT

Virginia authorities are crashing boats – on purpose.

The collisions are part of an effort to learn more about how recreational boat collisions happen and how to prevent them, the AP reported.

"It gives officers a chance to see it, because very few times do police officers have the opportunity to witness a traffic crash, let alone a boat collision," Jim Getz, a coordinator for the National Association of State Boating Law Administrators, told the AP.

The controlled collisions happened in September on an isolated part of the James River near Richmond. The collisions were recorded and photographed, with materials to be disseminated across the country.

Recreational boat accidents are an ever-present danger in Hampton Roads, and I support any efforts to make boating safer. In May, my colleague David Hurt wrote about a boat capsizing near the Chesapeake Bay Bridge Tunnel, an incident that left one man dead and another injured.

And my colleague Emily Mapp Brannon wrote less than a month ago that boating accidents were steeply rising throughout Virginia.

In 2008, 709 people died in recreational boating accidents, according to the U.S. Coast Guard. Of those 709, 60 were killed in collisions. Another 856 people were hurt in collisions.

In the latest project, 12 pairs of boats were crashed into each other. All were donated and were crashed by remote control.

"It is a complex, very dynamic event, and the only way to fully understand it is to study actual collisions, where you know what actually happened and can carefully examine the aftermath," accident investigator and consultant Miles Beam told the AP.

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 primary office in based in Virginia Beach, Virginia (VA). Our attorneys have handled numerous wrongful death cases and we understand the difficult circumstances which accompany these types of cases. Our lawyers hold licenses in NC, 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 . Furthermore, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as a pro bono public information service.

(MM)

Originally posted at InjuryBoard by Jim Lewis

Virginia toddler killed after mauling by family dog

Rick Shapiro — Wed, 30 Sep 2009 09:03:12 GMT

An Orange County, Virginia (VA) toddler was tragically killed earlier this week when she was mauled by her family’s pit bull.

The 23-month-old girl has not yet been identified by authorities, according to the Charlottesville Daily Progress.

No one has been charged in connection with this innocent girl’s death. Someone needs to speak for the victims in cases like this, and I am outraged that innocent children can be killed without consequence.

The girl apparently wandered out of the house unseen Sunday evening, Orange County sheriff’s officials told the Daily Progress. The girl’s mother was “preoccupied and did not notice the child leave the house.”

Relatives began looking for the girl, and later discovered her “gravely injured.”

The dog that killed the girl was a pit bull that was with the family for 10 years. After the killing, it was euthanized. Authorities said the dog had never given the family any other problems.

The death took place in the Mountain Track Road area of Orange County, about 35 miles northeast of Charlottesville.

The Free Lance-Star of Fredericksburg reported that the sheriff was called at 6:40 p.m. Sunday when a relative found the girl. Deputies found her unconscious and with multiple injuries throughout her body.

The girl was taken to the University of Virginia hospital, where efforts to save her continued until 9:11 p.m., when she was pronounced dead.

I hope this needless death reminds owners of pit bulls and other dangerous animals that careless ownership can have dangerous – and fatal – consequences.

(MM)

Originally posted at InjuryBoard by Rick Shapiro

Release of Day Care Worker Involved in Infant's Death Highlights Safety Issues

Jim Lewis — Tue, 25 Aug 2009 06:34:00 GMT

Last Wednesday, Ann Marie Cardinal got out of jail after serving less of half of the sentence she receive in 2005 for operating an unlicensed day care center in Virginia Beach. While Cardinal was, in fact, illegally caring for as many 20 children at her home on Highpoint Avenue in the Shadowlawn neighborhood, what prompted her conviction was the death of Hannah Weiss on Cardinal's watch. Baby Hannah was just 9 months old.

Cardinal was not found directly responsible for Hannah's death, but Cardinal did not have any of the required permits or training to care for large numbers of children in Virginia. When emergency personnel responded to the call about Hannah's respiratory arrest, the EMTs found Cardinal performing CPR incorrectly. Cardinal had also been convicted in 2001 for felony conspiracy to obtain money under false pretenses.

I must agree with the editors of the Virginian-Pilot, who wrote over the weekend, "The events surrounding a 9-month-old girl's death at a Virginia Beach day care in 2005 are egregious enough that they should shame Virginia into changing its child protection laws." Currently, parents and guardians cannot directly access files regarding complaints about Virginia day care centers or operators. Also, the state's Child and Protective Services lacks the staff, resources and authority to adequately detect and close illegal child care operations.

The problem of unlicensed and unsafe day cares persists. Nor is inexpert and potentially harmful child care a problem unique to Tidewater or Virginia. Earlier this month, a Florida jury awarded a family $3 million because a day worker bent their son's leg until it snapped.

So injured children and traumatized families do have some protection in the courts. Still, regulators need to make greater efforts to prevent potential and actual injuries and fatalities before they occur.

About the Editors: Shapiro, Cooper, Lewis & Appleton personal injury law firm is based in Virginia (VA), near the NE North Carolina (NC) border. The firm handles car, truck, railroad, medical negligence cases and more. Our lawyers proudly edit the Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono public information service. Shapiro, Cooper, Lewis & Appleton’s lawyers are licensed in VA, NC, SC, WV, DC and KY.

EJL

Originally posted at InjuryBoard by Jim Lewis

Pit bulls blamed in death of Leesburg man

Emily Mapp Brannon — Fri, 14 Aug 2009 09:01:00 GMT

Investigators believe two pit bulls dogs are responsible for the death of 20-year-old Carter Delaney, whose body was found in his Leesburg home, The Washington Post reported earlier this week.

Delaney's body was discovered in the basement of his home at 121 Plaza St. in Leesburg with the body of a dead dog. Two more live dogs – American Pit Bull terriers, according to WLTX-TV – were found in the home and taken to Loudoun County Animal Care and Control.

Authorities told the Post that Delaney died from puncture wounds consistent with dog bites found on his body. The two pit bulls are also believed to have killed the third dog, a mixed-breed pug. That dog belonged to Delaney's mother, while the pit bulls reportedly belonged to Delaney's brother.

The dogs were euthanized at the request of the family.

"We are thinking of the family involved, respecting their privacy and giving them time to mourn," Laura Rizer, community outreach manager for Loudoun County Animal Care and Control, told the Post.

While fatal dog attacks are rare – authorities said this was the first such incident in Loudoun County that anyone could remember – they do happen. According to the Centers for Disease Control and Prevention, an average of 16 people a year are killed by dogs.

According to the CDC, 4.5 million people are bitten by dogs annually; one in five (885,000) require medical attention, and 31,000 people require reconstructive surgery.

The CDC has this safety advice for avoiding dog bites:

– Do not approach an unfamiliar dog.

– Do not run from a dog or scream.

– Remain motionless when approached by a strange dog.

– Do not disturb a dog sleeping, eating or caring for puppies.

– Avoid direct eye contact.

About the Editors: Shapiro, Cooper, Lewis & Appleton personal injury law firm (VA-NC law offices ) edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, as well as the Northeast North Carolina Injuryboard as a pro bono service to consumers. Lawyers licensed in: VA, NC, SC, WV, DC, KY, who handle car, truck, railroad, and medical negligence cases and more.

(MM)

Originally posted at InjuryBoard by Emily Mapp Brannon

Lawsuit against Parent hosts of Teenage Sleepover allowed for girls death with reckless teen driver, Virginia Supreme Court reverses "No boys with cars" case

Doug Landau — Sun, 19 Jul 2009 13:25:00 GMT

As the parent of teenagers, when they have guests sleepover, I will no longer get any sleep. The Virginia Supreme Court has just ruled that even when kids leave our home, we may be held responsible for the harm or injuries that may occur.

Nearly 5 years ago, the father of a 14-year old girl dropped her off at a sleepover. He explained to the mother a rule that he enforced with his daughter at home, “no boys with cars”, and asked her to respect that rule. She insisted the girl would be safe and they parted ways.

But the host mother dropped the girls at the mall, and asked them to get a ride home from a 17-year old boy who had a driving record that would be worrisome to any parent. The young girl was killed in a car accident that night, and the grieving parents are suing for wrongful death.

But the real question is whether adults who agree to supervise and keep the child safe owe a duty to exercise responsible care and possibly take actions in the supervision of that child.

The case was dismissed in trial court, so the parents appealed to the Virginia Supreme Court. The justices insisted the parents have a case, as the majority opinion said the dead girl's family could bring their lawsuit. Now they have a second chance in trial court because the Supreme Court held the host parents could be held responsible for the child’s safety as the result of the promise. While the Defendant parents were not "insurers" of their guests safety, they do have a duty to act with reasonable care under the circumstances, such that if the evidence shows that they breached this duty, they may be held liable for damages by a jury at trial.

Originally posted at InjuryBoard by Doug Landau