Injuryboard Commentary - Wrongful Death

Weather, Speed, And Holiday Cheer: Time To Be Extra Safe On The Roads

Mike Bryant — Sun, 06 Dec 2009 10:26:41 GMT

The first week in December has again seen an increase in highway deaths. Hopefully, this isn't a sign of what is coming for the rest of the month. It is important with so many people rushing around and holiday parties starting up, that we all keep a little better look out.

Saturday night, a truck went the wrong way on the 49th Ave. Ramp on I-94 and hit a mini van head on. A passenger in the van lost her eight month old unborn child. She and her 10 year-old son are in critical condition, and four other children, ages three to nine, were also hurt. The truck driver is suspected of being drunk according to the Minnesota Sate Patrol.
Friday afternoon, a 23-year-old Watkins man died when his 1996 Saturn was hit by a 1995 Jeep Cherokee in Meeker county. The jeep failed to yield at 642nd Avenue and 365th Street in Forrest Prairie Township, according to the Meeker County Sheriff’s Office.
Thursday afternoon, A pickup truck and sedan collided at the intersection of County Road 45 and County Road 9 in Farden Township , according to the Hubbard County Sheriff's Office. The driver of the pickup truck and a passenger in the car were each ejected. Both were pronounced dead on the scene. The Hubbard County Sheriff's Office is still investigating the accident.
Tuesday afternoon, a 78 year old Roseville woman died in a seven car chain-reaction crash on County Road C at Snelling Avenue. Six eastbound vehicles were at a red light on County Road C when a westbound minivan hit the woman's vehicle at high speed, pushing it into the next vehicle and so on, the Roseville police said.

The 2009 numbers have continued to drop. Weeks like this still cause concern. With the holidays and winter type conditions, hopefully people will be careful. More will be found out over the coming weeks as to the causes of each of these collisions, so it's to early to tell if the common causes of speed and alcohol were involved in any of the incidents. In all of these cases sorrow for the families of those involved goes out.

As with any death in a Minnesota motor vehicle collision, there are many issues that will need to be reviewed. My partner, Joe Crumley, addressed this topic in a recent article for the Minnesota Lawyers Trial magazine. I was interviewed on the same topic.

Originally posted at InjuryBoard by Mike Bryant

Hybrid Cars Are They Too Quiet?

Mike Bryant — Fri, 04 Dec 2009 09:28:00 GMT

I've had the chance to ride in a couple of Hybrids as of late. They seem like nice rides and they get great gas mileage and I like so many said "Man, they are quiet". OK, maybe not everyone said it that way, but it was at least the same idea.

But, are the cars too quiet? The silence for a pedestrian could be deadly, As a result, human factors/ergonomics researchers recently went to work on a study to examine participants' preferences for sounds that could be added to quiet vehicles to make them easier to detect. The National Federation for the Blind recently called for all cars to, at a minimum, emit a constant sound.

It's important to think about the old, young, and those who depend upon sound to navigate the world. Quiet cars don't do that. The U.S. Congress has considered the Pedestrian Safety Enhancement Act of 2008, which would require the Secretary of Transportation to study and implement regulations for hybrid, electric, and other silent-engine vehicles to emit non visual alerts for pedestrians. Hopefully, more protections will come from looking at this issue.

Originally posted at InjuryBoard by Mike Bryant

Outdated Roads Are Dangerous for Pedestrians

John Cooper — Thu, 03 Dec 2009 21:50:09 GMT

I read a staggering and almost unbelievable statistic from the National Highway Transportation Safety Administration the other day. Did you know that in the last 15 years there have been more than 76,000 people killed while crossing or walking along streets in America? In fact, just in the last decade over 43,000 were killed, which includes 3,906 children under 16 in that death toll. If you were to average that number out, it would be equivalent to a commercial jetliner filled with people crashing every 4 weeks. Sadly, pedestrian deaths receive no such media attention which might spark enough public awareness to promote safer roads.

Although the number of children and the elderly are disproportionately higher than other groups when it comes to pedestrian deaths, people of all ages and from all walks of life have been struck down during the simple act of walking. Typically labeled as an accident, a pedestrian death is often attributable to error on the part of the motorist. Whatever way you may categorize these tragic events, just about every pedestrian death occurred along roadways that were designed and built without consideration to anyone except the driver. Most roads and streets are dangerous by their very design as they were engineered for speeding vehicles with no provision for people that are walking, in wheelchairs or on a bike.

At the center of this conundrum is the increasingly greater push for cleaner, human-powered modes of transportation to limit the negative consequences of traffic congestion, oil dependency and pollution. Over the course of the last few years, towns and cities have begun to re-build poorly designed roads to become streets with proper sidewalks and bicycle lanes, along with reducing cross-walk lengths to make it safer for pedestrians and more alluring to the general population. Safer streets have been proven to save lives not only for pedestrians and motorists, but also in the fact that they encourage residents to become more physically active and get outside to walk more.

Sadly, pedestrian death statistics will not decrease overnight. It will take much effort and public awareness to fix obsolete and unsafe road design. Perhaps, in the future our highways will become friendlier to pedestrians and allow motorist ample time to react as the smarter roads could help even the most distracted driver to be aware of someone on foot sharing the road.

About the Editors: Shapiro, Cooper Lewis & Appleton personal injury law firm is based in Virginia (VA), near the NE North Carolina (NC) border and handles car,truck,railroad, and 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. Lawyers licensed in: VA, NC, SC, WV, DC, KY.

Originally posted at InjuryBoard by John Cooper

An Iowa train vs car wreck is such A Painful Case

Steve Lombardi — Tue, 01 Dec 2009 12:01:00 GMT

Join me this afternoon for a walk with James Joyce. This is to honor all of those people who die from collisions with trains at train-road-crossings in Iowa and around the nation. In some ways they are preventable but in other ways not so easily prevented. A Painful Case is a short story raising speculation of whether drink, depression or just distraction caused the woman to be out walking across the rails. It's really a wonderful story filled with raw emotions that undulate as if we are on a roller coaster ride at Rocky Point.

This is not unlike the emotions you will go through when trying a case. As prepared as you think you are, you will find out just how difficult it is to control your emotions as the trial unfolds. You do not control the trial so much as IT controls you. As one of my mentors said in response to my comments about my adrenaline level, "Steve in trial work you will experience the highest highs and the lowest lows. Learn not to get too excited about your wins or your losses." Mr. Dutton couldn't have been more accurate. So join James Joyce as he explores Dublin with Mr. James Duffey's not-so-simple life in Ireland, a trial of sorts.

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

http://www.youtube.com/watch?v=FAgD3Ve0r8A

http://www.youtube.com/watch?v=31jpicjjVzA

Originally posted at InjuryBoard by Steve Lombardi

For The Holidays: Think About The Gift Of Blood

Mike Bryant — Tue, 01 Dec 2009 09:12:00 GMT

Today, only about 38-percent of the United States' population is eligible to give blood. Of those eligible, only about 8-percent donate.

"A blood donation provides a true gift from the heart that can give someone another holiday season with loved ones," said Scott Caswell, CEO of the Central Plains Region Red Cross. "Blood is available only when generous donors are willing to roll up their sleeves. It truly may be the greatest gift someone receives this holiday season."

Giving blood is an easy process. It usually takes an hour at most. You show up, read some forms, answer some questions, then they lay you down and take a pint. It ends with a snack and something to drink. You replace the fluid in hours and the red blood cells within four weeks. It takes eight weeks to restore the iron lost after donating.

It's a great way to donate to an important cause and get the "Be Nice to Me- I Gave Blood Today" sticker that is as important for the person that got your blood as the "I Voted Today" sticker. I'm always proud of wearing both.

Other reasons for giving:

1. More than 4.5 million patients need blood transfusions each year in the U.S. and Canada.

2. 43,000 pints: amount of donated blood used each day in the U.S. and Canada.

3. Someone needs blood every two seconds.

4. Only 37 percent of the U.S. population is eligible to donate blood – less than 10 percent do annually.

5. About 1 in 7 people entering a hospital need blood.

6. One pint of blood can save up to three lives.

Where you go to help: http://www.redcross.org/donate/give/

Originally posted at InjuryBoard by Mike Bryant

RRA Litigation: Tony Villegas Deposition List, A Place to Start (Updated)

Steve Lombardi — Tue, 01 Dec 2009 09:01:00 GMT

Today looks like the day Scott Rothstein will be charged and then arrested by the FBI. He claims to not be talking but those who have followed this story closely see it differently. Rothstein has lost his law license and many of his assets seized; his law firm is in bankruptcy court. And what has Scott Rothstein been doing? Well, aside from living in hotel rooms he's been talking. And still the question remains as to what he knows about the murder of Melissa Lewis. And towards getting that question answered we come full circle to Tony Villegas.

UPDATE: Scott Rothstein was arrested around 7:45 a.m. this morning and is scheduled to appear at 11:00 a.m. before Magistrate Judge Robin Rosenbaum in U.S. District Court in Fort Lauderdale, Florida.

Watch the video clip from Channel 4 CBS.

http://cbs4.com/video/?id=87425@wfor.dayport.com

Where might the lawyers for Tony Villegas find names of those to depose as a way of finding out who knew what and when? After all it's looking more and more like Tony has been framed.

First I’d start with any lawyer who worked at RRA and left employment within the past 24 months. One person mentioned in a blog is Susan Dolin.

“We all seem to forget about one of the named partners in RRA early on. Her name is Susan Dolin (great attorney and nice person). Dolin abruptly quit and got the hell out of there. What did she see that made her give up that lucrative position as a named partner? Inquiring minds what to know.”

What does she know? And here is a list of potential witnesses to interview. You want motive, start here, they have to hate those that carried the Ponzi scheme and ruined their firm.

A
Adler, Russell S., Shareholder and Vice President
B
Barsky, Laurence S., Attorney
Berger, William J., Shareholder
Birken, Shawn L., Partner
Bofshever, Harold S., Partner
Buschel, Robert C., Partner
C
Cirulnick, Riley W., Attorney
Coen-Giovanelli, Dr. Sara, Partner
Cohen, Jodi N., Attorney
D
Dijols, Pedro E., Attorney
Dishowitz, Benjamin R., Attorney
F
Farmer, Gary M. Jr., Partner
Fistos, Mark S., Partner
G
Gibbons, Eugene, Attorney
Goldstein, Scott A., Partner
Gonzalez, Julio E. Jr., Partner
Guzman, Jan Paul, Attorney
H
Herrera, Frank, Partner
J
Jaffe, Steven R., Partner
K
Kitterman, Christina M., Partner
Kleinfeld, Denis A., Shareholder
Kusnick, Howard A., Partner
L
Lehrman, Seth Michael, Partner
Levy, Ellie A., Attorney
Linder, Carl H., Shareholder
Lippman, Steven N., Shareholder
M
Meyer, Diana, Attorney
N
Neiwirth, Arthur C., Partner
Nurik, Marc S., Shareholder
O
Osber, Steven H., Partner
P
Padowitz, Kenneth D., Partner
Pancier, Michael A., Partner
R
Rasor, Gregg E., Partner
Reyes, Carlos J., Shareholder
Rosenfeld, Kari E., Associate
Rosenfeldt, Stuart A., Founding Partner and President
Ross, John Michael, Partner
Rothstein, Scott W., Managing Partner, Chairman, CEO
S
Sardina, Gustavo, Attorney
Scheinberg, Howard M., Attorney
Schmidt, Justin B., Attorney
Smith, Grant J., Shareholder
Steinberg, Adam J., Partner
Stone, Barry J., Shareholder
Storfer, Richard B., Partner
Stracher, Les, Shareholder
Strohsahl, Brianne M., Attorney
T
Torres, Osvaldo F., Partner
W
Weissing, Matthew D., Partner
Williams, Johnny Jr., Partner
Wolfe, Tami R., Partner
Wright, Blandin J., Partner
Z
Zinkler, George L. III, Attorney

Originally posted at InjuryBoard by Steve Lombardi

Garage Explosion Leaves One Dead, One Critically Injured

George Fusner — Tue, 01 Dec 2009 01:00:00 GMT

Jimmy Seabolt and his step-son Jacob Barretta were working on a car in their garage when something exploded. The two ran out of the garage while on fire, witnessing neighbors told police. The two neighbors that helped put out the flames, Jeff Kelton and Jason Bray, are both former volunteer firefighters.

But it was too late. Early reports estimated the November 20^th accident left the teenager with burns over 60 percent of his body, and his stepfather with burns over 20 to 30 percent of his body. On November 28^th, though, Jacob Barretta lost his life at Vanderbilt University Medical Center.
Neighbor Kelley Bray says, "It felt like losing a son." Their house has turned into a makeshift memorial, and a fund has been set up on their family’s behalf – Seabolt-Beretta Fund donations can be made at any farmers bank in the midstate.

It’s important to take away from this tragedy the lesson to always be extra cautious when working in garages, especially when working on a vehicle in it. Make sure to keep all open containers sealed and in a safe place. Keep the gasoline and other flammable liquids away from heat or sparks. Always keep a fire extinguisher nearby – there’s no telling what damage could be have been undone if a fire extinguisher was used nearby. Almost as importantly – make sure you have the right fire extinguisher for the job (check out this guide for more info).

My thoughts and prayers go to the family of Jacob Barretta, and hope that Mr. Seabolt survives this tragedy.

Originally posted at InjuryBoard by George Fusner

Free Speech is the Only Cure for China's Next Melamine Problem

Steve Lombardi — Mon, 30 Nov 2009 12:01:00 GMT

Melamine poisoning is in the news again, this time with the official Chinese execution of two men associated with being involved in the chemical poisoning of baby formula in 2008. In that consumer product contamination case 300,000 babies suffered some form of kidney failure and disease. At least six babies died from kidney failure. The Chinese Courts controlled by the Chinese Communist Party (CCP) shut down 99.99% of all law suits filed against those involved with producing and then distributing tainted milk and infant formula. In response to the filings the CCP went after the lawyers who dared to file suit against the business interests that control world markets and that dictate what the American financial markets woo. With the force of its form of tort reform the CCP is a shining example of what the Bush Administration hoped to achieve in America.

Contaminated Food - What is melamine doing in my Wonton Soup?, September 16, 2008, Steve Lombardi

But six cases have been allowed to proceed in China’s court system. Why? It’s anyone’s guess but probably more of a publicity stunt for the sake of propaganda than to achieve any semblance of fairness or justice.

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

If you’re interested in reading more about melamine and how it was being used to dodge the official protein tests used to determine the content of milk follow the link.

1. Consumer Safety: How do we solve the melamine contamination crisis ...

Jan 5, 2009 ... The entire melamine contamination debacle I find interesting. ... Posted by Steve LombardiJanuary 05, 2009 12:33 PM ...
desmoines.injuryboard.com/.../consumer-safety-how-do-we-solve-the-melamine-contamination-crisis-and-stop-the-chinese-from-corruptin... - Cached -

2. Food Safety: Melamine news, including the CCP takes action against ...

Food Safety: Melamine news, including the CCP takes action against government officials for melamine contamination debacle. Email Member · Steve Lombardi ...
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3. Food Safety: Melamine test looks promising. | InjuryBoard Des Moines

Food Safety: Melamine test looks promising. Email Member · Steve Lombardi. Attorney (866) 735-1102 Ext 335. Visit Steve Lombardi on Facebook · Visit Steve ...
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4. Vacation Safety: Microwaving plastic plates and spoons may release ...

Vacation Safety: Microwaving plastic plates and spoons may release melamine and formaldehyde into your food. Email Member · Steve Lombardi. Attorney ...
desmoines.injuryboard.com/.../vacation-safety-microwaving-plastic-plates-and-spoons-may-release-melamine-and-formaldehyde-into-your-fo... - Cached -

5. Contaminated Food - What is melamine doing in my Wonton Soup ...

Contaminated Food - What is melamine doing in my Wonton Soup? Email Member · Steve Lombardi. Attorney (866) 735-1102 Ext 335 ...
desmoines.injuryboard.com/.../contaminated-food-what-is-melamine-doing-in-my-wonan-soup.aspx?... - Cached -

6. Food Safety: Is there an evil twin keeping that melamine ghost in ...

Food Safety: Is there an evil twin keeping that melamine ghost in your pantry company? Email Member · Steve Lombardi. Attorney (866) 735-1102 Ext 335 ...
desmoines.injuryboard.com/.../is-there-an-evil-twin-keeping-that-melamine-ghost-in-your-pantry-company.aspx?... - Cached -

7. Product Label Codes: On what grocery store shelf is melamine ...

Product Label Codes: On what grocery store shelf is melamine hiding? Email Member · Steve Lombardi. Attorney (866) 735-1102 Ext 335 ...
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8. Food Safety: Melamine contamination accusations against America's ...

Food Safety: Melamine contamination accusations against America's Wyeth. Email Member · Steve Lombardi. Attorney (866) 735-1102 Ext 335 ...
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9. Food Safety: Melamine contamination stirs emotions | InjuryBoard ...

Nearly 53000 children sickened and four dead from melamine contaminated baby formula. ... The Lombardi Law Firm (866) 735-1102 Ext 335 www.lombardilaw.com/ ...
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10. Melamine is processed from coal | InjuryBoard Des Moines

Melamine is processed from coal. Email Member · Steve Lombardi. Attorney (866) 735-1102 Ext 335. Visit Steve Lombardi on Facebook · Visit Steve Lombardi on ...
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Originally posted at InjuryBoard by Steve Lombardi

Drunk Driver Charged With Killing Buffalo Teen

Mike Bryant — Sun, 29 Nov 2009 21:17:00 GMT

Last week, I looked at the head on collision that killed a Buffalo High student on Wright County Road 35. At that time there were questions about how this could happen. The road is straight there. Why would a pickup cross the center line? Investigation has now disclosed that the truck was speeding, had no headlights, was in the wrong lane, and the driver had been drinking.

The Minneapolis Tribune captured the feelings of the family in the way you see so often in these case:

"It seems like each day we find out a little bit more about this," said Adam Hoglund, Kramnic's uncle. "It's hard not to be incredibly angry."

.................................

(The) family is anticipating the next day in court. "We'll be there every step of the way to see he gets what's coming to him," Hoglund said.

The driver has been charged with two counts of criminal vehicular homicide in the death.

Originally posted at InjuryBoard by Mike Bryant

Sometimes Out Of Tragedy Comes Future Help

Mike Bryant — Sat, 28 Nov 2009 09:59:00 GMT

Doing as many wrongful cases as we have we deal with all types of families who have lost loved ones. There are many ways that people react. Usually it starts with shock and then moves into anger and sorrow. Each person deals with the loss in different ways.

It is nice to see when people learn from these deaths. That people think about the ramifications of speeding, drunk driving or texting while driving. It's a hard lesson, but it's important that we continue to drive the road deaths down.

I ran across two examples of people that have taken their griefs and worked to ensure that others benefit from their loss:

In Delaware, a dangerous intersection was improved with signs after family members of a decedent testified about the area. Local residents could cite problems going back 7 years. An accident reconstructionist, who our office has used a number of times, testified that the intersection was a "death trap". But, it was people who had suffered who could bring the message home. It is unimaginable to go through this, but thankfully for others , they used the event to help others.

In another example , the father after the death of his daughter, went to work on an invention to not let it happen again. She died when, due to the glare of the sun, the car she was in rear ended a semi truck. He went to work on inventing a windshield that automatically adjusts based on changing light conditions. A couple of major car manufactures are looking at his patent.

There are many examples of those who testify at the legislature, speak at schools, and look for ways to prevent future deaths. Sympathy goes out for their losses and thanks for their positive impact on society.

Originally posted at InjuryBoard by Mike Bryant