Personal Injury Lawyer Blog
Indiana Bar Ordered to Pay in Drunk Driving Crash - Friday, June 29, 2007
An Indiana bar has been ordered to pay a settlement of $704,649 to a motorcyclist who is totally disabled as a result of a crash caused by a drunk driver who had been a patron at the establishment the night of the wreck. The bar ordered to pay is Jake's Roadhouse in West Lafayette, Indiana. Christopher Harmon, 22, has been in a coma since the accident in September 2004 where he suffered a traumatic brain injury.The Harmons agreed to accept the settlement with the bar's insurance company, Lexington Insurance Company, under a $1 million liquor liability insurance policy issued to Jake's Roadhouse; in exchange, the Harmons release Jake's from further legal liability.
The patron who left Jake's after drinking, 24-year-old Nicole M. Fox, drove left of center that night causing three motorcyclists to crash. Fox drove away from the crash and was uncooperative with police when they caught up with her farther down the road. Ms. Fox had been arrested in December 2003 for public intoxication and underage drinking, and she was arrested for drunken driving just two weeks before the September crash that seriously and permanently injured the cyclists. The judge in the case imposed a 14-year sentence, the maximum under Fox's plea agreement, and suspended four years of that sentence. She will serve ten years.
Another motorcyclist involved in the wreck, Jerry Raiff, is confined to a wheelchair for the rest of his life.
ATV Owner Sued for Boy's Death - Thursday, June 28, 2007
In Arkansas, a wrongful death lawsuit was filed recently against a man and his concrete company in the death of an 11-year-old boy killed in a four-wheeler accident. Ashton Potter, died in May 2006 after he rode a four-wheel all-terrain vehicle (ATV) up a hill and it tumbled back on him.The boy was riding a Polaris 330 model all-terrain vehicle owned by defendant Donald Main and his company, A-1 Cement Finishers of Siloam Springs, Arkansas. The ATV was used by Main and his company for cement and construction-related activities. At the time of the accident, Potter was staying at the defendant's home.
The suit alleges Main and his company failed to properly secure and supervise the four-wheeler, giving the young boy access to it. Potter started the vehicle and rode it traveling up an embankment when it flipped over, landed on top of him and killed him. The boy died at the scene from a severe head injury.
The suit was filed on behalf of Mandi Lopez, the boy's mother. Damages are sought for wrongful death, conscious pain and suffering and loss of life. The suit alleges the defendants knew, or should have known, that minors would be attracted to a four-wheeler and the expense of remedying the dangerous condition would be slight compared to the risk of harm.
The U.S. Consumer Product Safety Commission's 2004 statistics on ATV-related injuries and deaths reveal that there were almost 150,000 serious injuries requiring emergency room treatment and close to 800 ATV deaths. Of those deaths, at least 130 deaths were children younger than 16.
The CPSC and other consumer advocate groups have been pushing for stricter ATV laws for years, and one group, the American Academy of Pediatrics has even recommended that no child under age 16 ride an ATV of any size under any conditions.
Home Improvement Efforts Can Result in Serious Injury - Wednesday, June 27, 2007
As more and more people try to be do-it-yourselfer's regarding home improvements, the number of injuries related to home improvements is on the rise.In the past, nail guns were only used by trained carpenters and skilled tradesmen due to the danger involved with them, but now that consumers are buying and using nail guns at an increasing rate, the number of nail gun accidents is on the rise. Consumer nail-gun injuries serious enough to warrant a trip to the hospital have increased 300% since 1991. Each year, approximately 14,000 home improvers are using nail guns to install siding, to lay hardwood floors, or to frame a new addition to their house and they are getting hurt.
Unfortunately, many of these power tool users buy such equipment and use it having had no prior experience with the powerful tools. Not everyone who goes to the home improvement store sticks around for the demonstration on how to use the tool safely.
Another home improvement hazard common to those who prefer doing it themselves is falling off ladders. Approximately 136,000 people fall off ladders and end up with fractures, sprains and broken bones each year. Most people using ladders have used them before and feel safe on them, especially on the lower rungs. Surprisingly, studies show that injuries from the lowest rungs of the ladder can be just as bad as injuries from the higher rungs of the ladder.
Lawnmower accidents continue to be a serious problem, also. Like so many other accidents at home, lawnmower accidents can take place in a fraction of a second and are usually preventable. There are as many as 80,000 lawnmower accidents in the United States each year and most of the victims are men and boys. The vast majority of lawnmower accidents happen when the mower shoots sticks or rocks into the air hitting the user or people standing nearby.
Sometimes injuries from these tools are due to user error, but in many cases, the injuries are caused by some defect in the product.
Clearly the number of accidents happening around the home involving ladders, power tools and lawnmowers indicates that more time and care need to be taken when using these tools. The cable shows may make home improvements look simple, but without training on the use of these tools, serious injuries can and do happen every day.
New Bill May Put Drunk Drivers in Prison for 25 to Life - Tuesday, June 26, 2007
In New York, a drunk driver who was convicted in a fatal accident could face up to 25 years in prison under a new legislative agreement. The deal was struck following a highly emotional plea by a mother who described holding the decapitated head of her dead 7-year-old daughter, Katie Flynn, following a crash after a family member's wedding.The bill was inspired by a now-famous tragic car crash that decapitated the little girl and also killed the limousine driver. The tragic crash occurred just after 2:00 a.m. on July 2, 2005 when Katie was traveling home from her aunt's wedding reception in a limousine with her mother, father, stepfather, sister and grandparents. A pickup truck traveling the wrong way on the Meadowbrook Highway and driven by a drunk driver hit the limousine head-on. Katie died instantly.
The driver of the pickup truck, 25-year-old Martin Heidgen, was drunk at the time of the crash and was convicted of two counts of murder and sentenced to 18 years to life in prison. The family and prosecutors had asked for the maximum of 25 years to life.
The proposed bill would create the crime of aggravated vehicular homicide, a Class B felony, punishable by up to 25 years to life in prison. This felony could be charged against someone convicted after a fatal crash who had a blood-alcohol level of more than 0.18 or higher (most state limits are 0.08). The felony could also be applied if the driver had a DWI (driving while intoxicated) conviction in the previous 10 years; if the crash killed more than one person, if the crash also severely injured others; or if the driver had a suspended or revoked license.
Hazardous Chemical Leaks from Train in Cincinnati - Monday, June 25, 2007
Thousands of Cincinnati residents are eligible to receive a settlement check if they were evacuated or harmed by the styrene leak on the east side in 2005. Styrene, also known as vinyl benzene, is an organic compound that evaporates easily and has a sweet smell. The production of styrene in the United States was increased in the 1940's to supply the war with synthetic rubber. It is classified as a possible human carcinogen by the Environmental Protection Agency (EPA).In order to collect a settlement check, claimants must prove they lived in the area at the time of the leak and suffered some sort of loss because of the leak. As many as 20,000 people are eligible to apply for a payment, but lawyers on both sides state that many of the settlement seekers will not qualify.
Resident must prove they suffered a personal injury or loss related to their property. The standard of proof is higher than last year, when 1,200 residents who lived closest to the leak shared a $2 million settlement. Most of those residents had been ordered to evacuate their homes.
The leak occurred in August 2005 when a railroad car spewed the chemical for three days. The decision to expand the settlement came last week as part of a final agreement to resolve lawsuits related to the leak. The expanded area stretches from the Ohio River to Madison Avenue and Red Bank Road. If more residents than expected qualify for payments, the individual checks could be reduced because the defendant's payment is capped at $1 million. The deadline for residents to apply is August 6, 2007.
If you or a loved one has been injured by a chemical leak after a train accident, you may be entitled to a cash settlement. Please consult with a competent Train Injury Attorney to find out if you are entitled to compensation.
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