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07/16/2010 - National Legal News
An Illinois woman injured when the motorcycle on which she was a passenger collided with a car is suing the car’s driver for $50,000, claiming the defendant’s negligence was the cause of the crash.
An Illinois woman injured when the motorcycle on which she was a passenger collided with a car is suing the car's driver for $50,000, claiming the defendant's negligence was the cause of the crash.
Plaintiff Kathy D. Manno was thrown from the motorcycle and injured March 8, 2009, in Fairview Heights, Ill., about 12 miles east of East St. Louis. According to her lawsuit, filed last month in St. Clair County Circuit Court in Belleville, defendant Deanna L. Haas caused the crash by failing to come to a complete stop at a stop sign, thereby crashing into the motorcycle.
Manno's motorcycle accident lawsuit accuses Haas of driving too fast, driving without adequate brakes, failing to apply her brakes, failing to have a properly working horn, failing to yield the right-of-way, failing to keep her vehicle under proper control, failing to take actions necessary to avoid a collision, and failing to bring her vehicle to a complete stop at a stop sign.
The suit asks for financial compensation for injuries, medical costs, lost income, damage to Manno's earning capacity, pain and suffering, and reimbursement of legal costs.
A hearing in the matter has been scheduled for Sept. 23 in front of Judge Patrick M. Young.
The case of Kathy Manno demonstrates the vulnerability of motorcyclists and their passengers, especially at intersections. When it comes to trial, it may also demonstrate a fact borne out in studies of police accident reports: car drivers are frequently unaware of the presence of a motorcycle until it is too late to avoid a crash.
If you've been injured in a motorcycle crash, contact an experienced motorcycle accident attorney. The specialized knowledge that such an attorney will bring to your case could make the difference in getting you the financial compensation you deserve to take care of past, present, and future expenses.
07/14/2010 - National Legal News
Lancaster County, Neb., is partially to blame for a 2009 motorcycle accident, according to a $1 million tort claim filed by a woman injured in the accident.
Lancaster County, Neb., is partially to blame for a 2009 motorcycle accident, according to a $1 million tort claim filed by a woman injured in the accident. According to the suit, the county was negligent in not providing lighting for a roundabout in a proposed development in the city of Lincoln.
Lycbeth Loy, a resident of Hallam, about 25 miles south of Lincoln, was injured May 6, 2009, when a motorcycle driven by her husband, Robert, struck a median as it approached a roundabout on a road created to serve a proposed commercial development near the south end of Lincoln that was to have been home to a Wal-Mart store and other businesses. The development was never built.
Nebraska law requires a tort claim as the first step in recovering damages from a political subdivision of the state. If the claim is refused, the claimants may then file a lawsuit against the subdivision. The claim asks for not less than $1 million, the maximum amount allowed by state law.
Loy's attorney, Douglas Peterson, said his client has already incurred a cost of more than $300,000 for required emergency medical treatment and long-term medical care and therapy. He said Loy also wants to be compensated for future medical care and loss of past and future wages.
Peterson said the roundabout was never properly illuminated, since the proposed development did not proceed. He wrote in the tort claim that the "road became a dark cornfield with an unlit roundabout in the middle of darkness."
The attorney said authorities should have foreseen an accident at the unlit roundabout, since it was an area unfamiliar to drivers, having never been opened to the public.
If you have been injured because of negligence on the part of a government agency, contact an experienced person injury attorney. When local, state, or federal authorities fail in their duty to the public safety, it is reasonable to expect just compensation for medical bills, lost income, pain and suffering, and other related expenses.
07/13/2010 - National Legal News
A jury in California has ordered Enterprise Rent-A-Car to pay $15 million to the parents of two sisters killed in the 2004 fiery crash of a rental car that was subject to a safety recall.
A jury in California has ordered Enterprise Rent-A-Car to pay $15 million to the parents of two sisters killed in the 2004 fiery crash of a rental car that was subject to a safety recall. The wrongful-death lawsuit blamed the crash on a fluid leak in the power steering hose.
Raechel Houck, 24, was at the wheel of a rented 2004 Chrysler PT Cruiser when it crossed the grass median on Highway 101 near Bradley, hit an oncoming truck, and burst into flames, killing her and her sister Jacqueline, 20. The two were about halfway home to Santa Cruz, returning from a visit with their grandmother in Ventura.
The PT Cruiser was among 435,000 for which a recall order had been issued, because of a possible leak in the power steering hose, which could lead to loss of control and cause a fire. Enterprise records show the car had not been serviced, and had been rented out four other times since the recall.
Enterprise blamed the fatal wreck on Rachel's driving and fought for five years to contest the wrongful-death lawsuit brought by Carol and Chuck Houck, Raechel and Jacqueline's parents. The company offered to pay the couple $3 million if the matter was kept confidential.
After an auto accident reconstruction expert hired by the plaintiffs concluded that a loss of steering control caused the crash, Enterprise ended its fight in May. Company officials signed papers admitting that its negligence was the "sole ... cause of the fatal injuries."
An Enterprise area manager testified that the company's computer system flagged vehicles subject to recall, but that there was no policy in place to prevent them from being rented out before being serviced.
If you've been injured or lost a loved one because of negligence on the part of a business, contact an experienced personal injury attorney. Businesses, especially large corporations, often hire high-priced attorneys to shield themselves from their responsibility for their actions. You need an attorney who understands how big business works if you want to get the financial compensation you deserve to deal with medical bills, loss of income, pain and suffering, and loss of companionship.
07/05/2010 - National Legal News
The city of Louisville, Ky., will pay $835,000 as its share of a $1,335,500 settlement of a lawsuit over death and injuries caused by a Louisville Metro Police Officer speeding to work.
The city of Louisville, Ky., will pay $835,000 as its share of a $1,335,500 settlement of a lawsuit over death and injuries caused by a Louisville Metro Police Officer speeding to work. The rest of the money will come from an insurance settlement.
Louisville Metro Government tried unsuccessfully to be excused from the case, saying Officer Kenten Measle was not on duty when his police car swerved into an emergency lane and struck and killed Donnie Puente, then 37, on Oct. 7, 2006. The cruiser also struck the stranded car Puente was refueling for a friend, injuring two occupants.
A judge ruled that Measle was on duty, since he was using a police vehicle he was allowed to drive to and from work, and was expected to perform police duties as required, even though his shift had not begun.
According to an auto accident reconstruction expert, Measle was traveling about 68 mph in a 55-mph zone at the time of the collision and disregarded proper traffic control by entering the emergency lane. The officer said he was attempting to pass to the right of a car that braked suddenly.
A district attorney for Jefferson County admitted that Measle was "speeding slightly," but ruled that the officer's conduct was not criminal. Measle was suspended from duty for 30 days without pay and not allowed the use of a police vehicle.
Police records show Measle damaged two police cars in separate incidents prior to killing Puente and struck and injured a bicyclist in June 2008. The officer was suspended without pay for eight days for the injury accident.
The combined settlements from Louisville Metro Government and the insurance company will pay Puente's estate $800,000 to benefit his teenage daughter. One of the injured will receive $535,000; the other, $10,500.
If you or someone you know has been injured or has lost a loved one because of the improper actions of a government employee, contact an experienced personal injury attorney. This and other cases have clearly demonstrated that government agencies can be held accountable for the actions of their employees. You may be eligible for financial compensation to help you deal with medical bills, loss of income, pain and suffering, and loss of companionship.
07/04/2010 - National Legal News
Each year, as winter turns to spring and spring turns to summer, the number of motorcycles on the road increases.
Each year, as winter turns to spring and spring turns to summer, the number of motorcycles on the road increases. While there are those who ride motorcycles all year, especially where the weather is mild, it's inevitable that warmer weather will coax more people to ride.
Sadly, as the number of motorcycle riders increases, so does the number of motorcycle accidents. Since motorcyclists are much more vulnerable than car drivers, defensive riding is essential to preventing injury or death.
Analysis of police reports has shown that many drivers are not aware of motorcycles until it's too late to avoid a collision. Most drivers have never ridden a motorcycle and are not as conscious of them as they are of cars.
Many safety experts advise motorcyclists to overcompensate for lack of driver awareness by assuming that a driver does not see them at all until eye contact is made. Other good defensive tactics include wearing bright colors, looking for a driver's eyes in the rear-view mirror of the car ahead, and changing position within the traffic lane to attract attention with motion.
The most dangerous place for a motorcyclist is an intersection. One of the most common crash scenarios is a driver making a left turn into the path of an oncoming motorcyclist traveling in a straight line. To survive intersections, motorcyclists are well advised to slow down as they approach, try to make eye contact with drivers turning left, and be prepared to stop quickly.
Danger for a motorcyclist can come from behind, as well. Being rear-ended is much more serious on a motorcycle than in a car. When preparing to slow down or come to a stop, a motorcyclist should check in the rear-view mirror to be sure a following driver is aware of the action.
Even if you use all the best defensive driving techniques, you may still be involved in a collision. That's when you need to contact an experienced motorcycle accident attorney. Whether you're dealing with an insurance company or having your day in court, an experienced attorney will present the facts unique to motorcycle accidents. As a motorcyclist, you may ride alone, but don't make the mistake of going to court alone.
07/01/2010 - National Legal News
A Florida jury this month awarded $5.2 million to a man confined to a wheelchair because of a motorcycle accident. The former Air Force staff sergeant was injured when an 85-year-old woman drover her car into the path of his motorcycle.
A Florida jury this month awarded $5.2 million to a man confined to a wheelchair because of a motorcycle accident. The former Air Force staff sergeant was injured when an 85-year-old woman drover her car into the path of his motorcycle.
Richard Pollock, then 31, was riding on a major thoroughfare through Fort Walton Beach on his way to work at Eglin Air Force Base Aug. 7, 2008, when Mary McCary turned from a side street into the path of his oncoming motorcycle. The force of the impact threw Pollock from his motorcycle onto the center median.
David Swanick, Pollock's attorney, said his client's injuries were catastrophic. He said Pollock, now retired from the Air Force on medical grounds, required 25 surgeries in the first month after the crash and continues to receive rehabilitation therapy in Texas.
Pollock said a person of McCary's age should not be licensed to drive. He said he hopes his case will help bring a change to Florida law, including mandatory annual driving tests for those over 65.
While age may have been a factor in this case, police accident reports show that drivers of all ages are often unaware of motorcycles until it is too late to avoid a crash. Safety experts advise motorcyclists to assume that car drivers may not see them and always be prepared to take sudden evasive action.
Studies have shown that intersections are especially dangerous for motorcyclists. In addition to the risk of a motorist turning onto the road from a side street, there is an even greater risk of hitting a car coming from the opposite direction because a motorist makes a left turn into a motorcyclist's path.
If you've been injured in a motorcycle accident caused by a negligent motorist, contact an experienced attorney. The circumstances of a collision between a motorcycle and a car are often quite different from those of a collision between two cars. An experienced motorcycle accident attorney is best qualified to present those unique circumstances in a manner most favorable to your case and help you get the financial compensation you deserve.
06/29/2010 - National Legal News
Former major league pitcher Jeriome Robertson was killed recently when he lost control of his motorcycle and crashed in his Central California hometown of Exeter, about 55 miles southeast of Fresno.
Former major league pitcher Jeriome Robertson was killed recently when he lost control of his motorcycle and crashed in his Central California hometown of Exeter, about 55 miles southeast of Fresno. The California Highway Patrol (CHP) reported the death of an unnamed rider; former Exeter High School baseball coach Steve Garver confirmed Robertson's identity.
According to the CHP, Robertson, 33, was attempting to take a turn at 70 mph on his 2007 Yamaha Warrior when he lost control. The Warrior is a large cruiser-style motorcycle, its weight and engine size are about that of a Harley Davidson of the same class.
Robertson's short major league pitching career began late in the 2002 season with the Houston Astros. In 2003, his first full season, his record was 15 wins and nine losses, still the most wins ever by an Astros rookie and the most among all major league rookies that year.
In 2004, Robertson was traded to the Cleveland Indians, who released him before the season ended. He subsequently played in the minor league organizations of the New York Mets and Cincinnati Reds, then in the Chinese Professional Baseball League of Taiwan, for the Newark (N.J.) Bears of the independent Atlantic League, and in the Mexican League.
Garver said Robertson frequently showed up at Exeter High School baseball practice to encourage the players. In 1995, with Garver as his coach, Robertson helped the team win the California Interscholastic Federation Central Section championship.
"He was great with the kids," said Garver. "He always wanted to help out and do whatever he could for the high school kids."
The tragic death of Jeriome Robertson is a stark reminder of the vulnerability of motorcyclists. While his actions may have been a contributing factor, many motorcyclists exercising abundant caution are injured or killed in collisions because car drivers just aren't paying enough attention. A collision that might leave the occupants of a car merely shaken can be devastating for a motorcyclist.
If you are involved in a motorcycle accident, you need professional legal representation. An experienced motorcycle attorney will make sure that insurance companies and the courts take into account the unique factors involved in motorcycle accidents and will fight to get you the compensation you deserve to help with medical bills, repair bills, loss of income, and other expenses.
06/16/2010 - National Legal News
While recalls of cars over safety concerns have grabbed headlines in the last year, motorcycles have also been the subject of safety recalls.
While recalls of cars over safety concerns have grabbed headlines in the last year, motorcycles have also been the subject of safety recalls. Some of the most recent involve a BMW touring model, a Kawasaki sport model, and two sport models by Buell, a Harley Davidson subsidiary that ended production in October.
Because motorcycle sales volume is a mere fraction of that for cars, the recalls are proportionally smaller. However, they are no less important, since motorcycles have a higher potential for injury or death in the event of a motorcycle accident.
The BMW R 1200 RT touring model leads the group of recent recalls in numbers, with 1,535 units, spanning model years 2007 through 2009. According to the recall notice, improper routing and installation of the front brake lines could cause a brake fluid leak that could render the front brakes inoperative. With only an operating rear brake, the motorcycle could slide and swerve out of control under hard braking, causing a crash.
Kawasaki has issued a recall of 950 units of one of its smaller Ninja sport motorcycles, the EX 250. The company says a flaw in the engine case may leak oil that could be deposited on the rear tire, which would cause it to slip, leading to a crash. An earlier recall of the larger Ninja ZX-10R was due to the possibility of a similar oil leak onto the rear tire because an inspection cap on the starter assembly wasn't properly tightened.
Buell is recalling 23 large sport bikes due to concerns about an improperly made right foot peg. The models are the 2010 XB12X and XB12XT, both in the 2010 model year lineup. The warning says the foot peg could "move significantly out of position," a nice way of saying it could all but fall off, throwing the rider to the right and causing a loss of control that could lead to a crash.
If you've been injured or lost a loved one in the crash of a motorcycle that was the subject of a safety recall, contact an experienced attorney. When manufacturers fall short of their responsibility to design, build, and sell reliable products, they may be held accountable for damages. You may be eligible to recover medical costs, repair costs, and lost wages, and to be compensated for pain and suffering and loss of companionship.
06/14/2010 - National Legal News
A New Jersey jury recently found a bar that served alcohol to a man involved in a drunk-driving hit-and-run accident liable for up to $15 million in the death of one accident victim and injuries to another.
A New Jersey jury recently found a bar that served alcohol to a man involved in a drunk-driving hit-and-run accident liable for up to $15 million in the death of one accident victim and injuries to another.
Rack's Bar & Grill in Atco, in Waterford Township in Camden County, was found 75 percent liable in the 2007 death of Mary Elenbark, the passenger on a motorcycle hit by a car driven by Steven Evans, who was ruled 25 percent liable. Evans was sentenced to four years in prison for leaving the scene of a fatal motorcycle accident and the scene of an accident with serious injuries.
George Elenbark, Mary's husband of 10 months, was driving the motorcycle when Evans pulled his car out of the strip mall in which Rack's is located without checking for oncoming traffic. The Elenbarks' motorcycle ran into the back of the car and Evans drove away.
When he was eventually pulled over, Evans failed a field sobriety test; a subsequent blood test showed a blood alcohol content of 0.10 percent, 25 percent above legal limit.
Mary Elenbark suffered head injuries in the crash; she was taken off life support a week later. George Elenbark underwent four surgeries on his left leg in the week following the crash, according to his attorney, Robert Porter, and now requires the support of a cane to walk and has no feeling in his left ankle.
Porter said his client will attempt to get the full $15 million award from Rack's. According to New Jersey law, a party found to be 60 percent or more liable may be required to pay the full award.
New Jersey law also holds a bar or restaurant that serves alcohol to an obviously intoxicated person liable for damages caused by that person. Witnesses and experts agreed that Evans was clearly intoxicated well before leaving Rack's.
If you have suffered personal injury or property damage as the result of a drunk-driving accident, contact an experienced attorney. If the drunk driver cannot provide you the financial compensation you need to pay your medical bills and recover lost wages and other expenses, your state may be one of those that allow you to seek damages from other responsible parties.
06/10/2010 - National Legal News
Staged car accidents are on the rise, according to the National Insurance Crime Bureau (NICB). From 2007 through 2009, questionable claims (QC) filed for suspected staged accidents rose 46 percent, according to a bureau report.
Staged car accidents are on the rise, according to the National Insurance Crime Bureau (NICB). From 2007 through 2009, questionable claims (QC) filed for suspected staged accidents rose 46 percent, according to a bureau report.
The purpose of a staged accident is to make fraudulent damage and injury claims against the insurance carrier of an innocent victim. The NICB says criminal gangs using two to four vehicles employ one of several practiced scenarios to cause the crashes.
Over the two years of the study, the five states with the most staged accidents were Florida (3,006), New York (1,680), California (1,619), Texas (792), and Illinois (433). New York City, Tampa, Miami, Orlando, and Houston were the cities with the most suspected staged accidents.
One of the most common ploys is one in which a perpetrator cuts in front of a victim in the right lane of traffic and slams on the brakes, while an accomplice pulls alongside the victim in the left lane, preventing an evasive maneuver. The victim rear-ends the first perpetrator while the accomplice drives on.
In another common scenario, a perpetrator pretends to yield to an oncoming vehicle making a left turn into a parking lot, although the perpetrator has the right of way. As soon as the victim begins the left turn, the perpetrator moves ahead to block the victim, whose car is intentionally hit from behind by a second perpetrator who pretends not to be able to stop in time.
If you are involved in an accident that seems suspicious, try to get the police to respond, so that the circumstances can be documented. Next, contact an experienced attorney. If the perpetrators succeed, it will appear that you were at fault, which could adversely affect your driving record and your insurance costs. Even if you don't take your case to court, your attorney will fight to see that the incident is properly investigated and you are not found liable for an accident that was not your fault.
06/07/2010 - National Legal News
A man injured when his car was struck by a speeding police car was awarded $250,000 this month by the San Antonio, Texas, city council to settle his claim against the city.
A man injured when his car was struck by a speeding police car was awarded $250,000 this month by the San Antonio, Texas, city council to settle his auto accident claim against the city. According to reports, the officer involved in the crash ran a red light while driving 90 mph in response to a shoplifting call, even though another officer was already at the crime scene.
Darrell Lampkin required multiple surgeries for broken bones and internal injuries resulting from the November 2008 crash, according to his claim, and has not been able to work. His medical bills are reported to be more than $125,000.
In addition to striking Lampkin's car, Officer David Seaton's police car struck and killed Officer Robert Davis, who was picking up emergency flares that had been set out in response to a previous accident at the scene.
According to San Antonio Police Department policy, officers are allowed to speed only in response to serious crimes, and are required to use warning lights and sirens when doing so. Since shoplifting is considered a minor crime and another officer had already arrived at the scene, investigators considered Seaton's response excessive and in violation of policy.
Seaton was indicted in December on felony manslaughter and aggravated assault charges; conviction on either charge could result in life in prison.
Like Darrell Lampkin, we all trust our police and firefighters with our lives, but we also trust our civic officials to establish sensible policies of emergency response and to see that they are observed. When a lapse occurs, the results can be serious.
If your life has been disrupted by the failure of public policy to ensure your safety, you may be eligible for financial compensation to help you deal with the results, including medical bills, loss of income, and pain and suffering. Contact an experienced personal injury attorney who can fight for your right to just compensation.
05/31/2010 - National Legal News
The parents of a Missouri teenager struck and killed by a hit-and-run suspect fleeing police reached a $275,000 out-of-court settlement with the city of Independence and a private emergency response provider.
The parents of a Missouri teenager struck and killed by a hit-and-run suspect fleeing police reached a $275,000 out-of-court settlement with the city of Independence and a private emergency response provider.
Christopher Cooper, 17, was killed while riding a bicycle in November 2007, when he was struck by a car driven by Wilfredo Pujols, Jr., who was fleeing the scene of a collision with another vehicle.
The wrongful death lawsuit filed by John and Cheryl Cooper accused Independence police of negligence, claiming they did not follow the city's guidelines in their pursuit of Pujols. The suit also accused both police and emergency responders of not properly evaluating Cooper's injuries and of making demeaning remarks at the scene.
Without admitting fault, the city will pay $225,000 and Medevac MidAmerica will pay $50,000. After legal fees of more than $107, 000, the Coopers, who are now divorced, will each receive just under $84,000 and will withdraw claims against the defendants.
Pujols was sentenced to 15 years in prison after pleading guilty to second-degree murder, resisting arrest, and two counts of leaving the scene of an accident. He was not named in the Coopers' lawsuit.
Cheryl Cooper announced plans to address the Independence City Council as part of a campaign for safer police pursuits in Independence and throughout Missouri. "Police chases are epidemic in this town," she said.
Christopher Cooper's death was one of three in a 10-day period resulting from Independence police chases. The other two who died were suspects fleeing police.
If you have been injured or have lost a loved one because of negligent behavior by government employees, contact an experienced personal injury attorney. Government agencies have an obligation to ensure that the behavior of workers does not imperil public safety. If that obligation has not been fulfilled, you may be eligible to receive financial compensation to help you with medical bills, loss of income, loss of companionship, and pain and suffering.
05/30/2010 - National Legal News
An insurance industry group wants a federal agency to require anti-lock brakes on all new motorcycles, claiming the change could reduce motorcycle accident fatalities by more than a third.
An insurance industry group wants a federal agency to require anti-lock brakes on all new motorcycles, claiming the change could reduce motorcycle accident fatalities by more than a third. A national motorcycle riders' group is opposed to the idea, saying anti-lock brakes may increase the risk of a motorcycle crash in some situations.
The Insurance Institute for Highway Safety (IIHS) said two of its past studies support its suggestion that the National Highway Traffic Safety Administration (NTHSA) require universal use of ABS for motorcycles. One study showed that motorcycles with ABS are 37 percent less likely to be involved in fatal crashes; another showed they account for 22 percent fewer claims for crash damage.
The anti-lock braking system (ABS) was introduced on motorcycles in 1988 and is found mainly on larger models, especially those designed for highway touring. The system prevents wheels from locking up in an emergency braking situation and distributes braking force between the front and rear wheels, reducing the chance of skidding or fishtailing.
The American Motorcyclist Association (AMA) endorses making ABS optional for more models of motorcycles, but does not support making them mandatory for all. The AMA says some riding situations, particularly off-road riding, usually done with smaller, lighter models, require the ability to control the front and rear brakes independently in order to avoid a crash.
Another concern of the AMA is that mandatory ABS would reduce the affordability of motorcycles, especially smaller models. Adding ABS is likely to add about $1,000 to the cost, regardless of size.
No matter what kind of motorcycle you ride, if you've been involved in an accident, you need an experienced motorcycle attorney. If you have an insurance claim, your insurance company will want to settle it quickly and for the lowest possible cost. Your attorney will fight to ensure that you get everything you deserve to recover from your accident.
If you go to court as the result of a motorcycle accident, you may have to deal with the general public prejudice against motorcyclists. An experienced attorney will know how to fight that prejudice and get you a fair hearing.
05/27/2010 - National Legal News
Complaints submitted to a federal agency blame spontaneous acceleration of Toyota vehicles for 89 deaths in the last ten years, up from a previous estimate of 52 deaths.
Complaints submitted to a federal agency blame spontaneous acceleration of Toyota vehicles for 89 deaths in the last ten years, up from a previous estimate of 52 deaths. The complaints also list 57 injuries. The exact cause of the unexpected acceleration incidents has not been determined.
The National Highway Traffic Safety Administration (NHTSA) said this week it received more than 6,200 consumer complaints of spontaneous acceleration of Toyota vehicles from 2000 through the middle of this month. The agency's attempts to determine the cause may be aided by a separate 15-month study by the National Academy of Sciences, scheduled to begin in July.
The spontaneous acceleration issue gained overnight attention last August when off-duty California Highway Patrolman Mark Saylor and three family members died in the fiery high-speed car crash of a Toyota-built sport utility vehicle near San Diego. Moments before death, a family member placed an emergency call saying the vehicle was accelerating out of control, the brakes had failed, and the engine could not be turned off.
After the California crash, other reports of spontaneous acceleration surfaced and Toyota began a recall that eventually involved more than 8 million vehicles worldwide. The company also paid a record $16.4 million fine for waiting four months to notify the NHTSA that Toyota officials were aware of the problem.
Hundreds of lawsuits against Toyota have been filed across the country, seeking compensation for death or injury caused by spontaneous acceleration.
At first, the acceleration issue was blamed on the use by dealers or individual owners of nonstandard floor mats that interfered with the gas pedal. Speculation soon expanded to include design problems with the gas pedal itself or with the electronic fuel system controls.
A Toyota executive this week said that NHTSA complaint records was insufficient to pinpoint the cause of spontaneous acceleration, but that dealer inspections of recalled vehicles showed no evidence of electronic system problems.
For its part, the NHTSA said that its investigation has shown no evidence of problems with floor mats or sticking gas pedals.
If you have been injured or have lost a loved one due to spontaneous acceleration of a Toyota vehicle, contact an experienced product liability attorney. You may be eligible for financial compensation to deal with medical bills, loss of income, loss of companionship, and pain and suffering.
05/23/2010 - National Legal News
A medical pain pump maker has agreed to settle five personal injury lawsuits blaming the device for causing destruction of plaintiffs’ shoulder cartilage.
A medical pain pump maker has agreed to settle five personal injury lawsuits blaming the device for causing destruction of plaintiffs' shoulder cartilage. The announcement came the same day a federal judge in Ohio refused the defendant's motion to dismiss the cases.
I-Flow Corp., of Lake Forest, Calif., a subsidiary of Kimberley-Clark, agreed to the settlement after trying unsuccessfully to have plaintiffs' expert witnesses excluded from the trial, as well as evidence alleged to show that I-Flow's chief executive officer was warned about the potential for cartilage injury before the pumps were used by the plaintiffs.
Pain pumps are used to deliver consistent levels of local anesthetic to a surgical site to control pain for the first few days after surgery. The anesthetic is pumped through a small tube into a catheter left in the site for the purpose. The U.S. Food and Drug Administration (FDA) approved the devices for use in abdominal surgery, such as hysterectomies.
That the FDA did not approve pain pumps for use in joint surgery is pointed out in many of the more than 150 personal injury lawsuits that have been filed against I-Flow and other pain pump makers and the makers of the anesthetics they deliver. The agency has pointed out that the consequences of streaming a steady supply of anesthetics directly to cartilage tissue had not been studied before the use began.
Plaintiffs claim that industry efforts to warn patients and medical professionals of the dangers of pain pumps, ordered by the FDA after the agency received reports of cartilage damage, were inadequate.
If you or someone you know has suffered damage to the cartilage in a shoulder or knee joint after using a surgical pain pump, contact an experienced defective products/personal injury attorney. You may be eligible to receive financial compensation for medical bills, lost income, and pain and suffering caused by the improper use a pain pump.
05/22/2010 - National Legal News
Deaths due to motorcycle accidents in the United States may have been down by 10 percent nationally last year.
Deaths due to motorcycle accidents in the United States may have been down by 10 percent nationally last year, after rising steadily for the preceding 11 years, according to an analysis of preliminary data from all 50 states and the District of Columbia. Final figures may be lower than those of 12 years ago, when collecting of motorcycle fatality data began.
The Governors Highway Safety Association (GHSA) made the optimistic prediction in releasing a study prepared by Dr. James Hedlund of Highway Safety North, a private consulting firm. Hedlund is a former administrator for the National Highway Traffic Safety Administration. The GHSA is predicting a final toll for 2009 of 4,762 or fewer, compared to 5,290 in 2009.
The report was based on a full year's data from some states and at least nine months' data from all states. Complete numbers are expected later this year.
While the GHSA expects to see reduced fatality figures for 2009 in three-quarters of the states, including a 29 percent drop for California and a 16 percent drop for New York, increased numbers are predicted for 12 states.
In addition to collecting states' data, Hedlund solicited state traffic agencies' opinions on what factors may have contributed to changes in motorcycle fatality numbers. The answers seem to indicate that fatalities were in proportion to motorcycle usage.
Officials in states with reduced fatalities credit reduced leisure motorcycle use, due to harsher weather in 2009 and to the economic downturn, while those in states with higher numbers blame milder weather and the fuel economy of motorcycles for promoting increased commuter use.
Hedlund's report also credited the overall reduction in fatalities to increased efforts to educate riders through state-sponsored motorcycle safety courses, in direct contradiction of a study by the Insurance Institute for Highway Safety that found those courses to be ineffective in reducing accidents.
No matter how safely you ride, if you're in an accident, you need an experienced motorcycle accident attorney. Don't count on your insurance company to take care of all your financial needs. Insurance companies make money by paying out as little as they can. And, if you go to court, you'll be facing the prejudice that many people have against motorcyclists. Your attorney will fight to get past that prejudice and get you a fair hearing and the compensation you deserve.
05/21/2010 - National Legal News
A bill to prevent insurance companies from dropping coverage or raising rates for home and business owners whose property contains Chinese drywall was recently approved unanimously by the Louisiana State Senate Insurance Committee.
A bill to prevent insurance companies from dropping coverage or raising rates for home and business owners whose property contains Chinese drywall was recently approved unanimously by the Louisiana State Senate Insurance Committee. The bill will now go to the Louisiana House of Representatives Insurance Committee.
State Sen. Julie Mills, the bill's sponsor, said action was needed to keep property owners from losing their insurance coverage, without which a mortgage can be cancelled. Mills said she has received complaints from constituents who have had policies cancelled or not renewed or have had premiums or other charges increased.
Insurance industry lobbyists said the legislation, if passed, would violate existing insurance contracts and force a statewide increase in insurance rates.
''If you can't adjust your premiums to a particular risk, you're going to ... have to spread that risk to everyone else,'' said Chuck McMains of the Property and Casualty Insurers Association.
Arguments in more than 2,100 defective product lawsuits filed against those who make, ship, distribute, and build with Chinese drywall claim it gives off toxic fumes, including sulfur dioxide, causing corrosion of air-conditioning system components, electrical wiring, plumbing, and personal items, such as metal jewelry. Contamination has also been blamed for health problems, particularly of the respiratory system.
The culprit in Chinese drywall is fly ash, an ingredient recovered from the exhaust of coal-burning power plants. The potentially toxic substances found in coal are highly concentrated in fly ash.
Chinese drywall was imported heavily in the last decade because domestic supplies were inadequate to meet the demands of the housing boom and, in the Southeast, the rebuilding efforts after two major hurricanes.
If you or someone you know has suffered property damage or health issues because of Chinese drywall, or has had your insurance cancelled or your rates increased, contact an experienced attorney. Plaintiffs in several important cases have received financial compensation and you may be eligible to do the same.
05/19/2010 - National Legal News
Drug giant Johnson & Johnson is accused of conspiring with pharmaceutical consulting and supply company Omnicare, Inc., to defraud nursing home residents across the country in a class-action lawsuit filed recently in a Los Angeles federal court.
Drug giant Johnson & Johnson is accused of conspiring with pharmaceutical consulting and supply company Omnicare, Inc., to defraud nursing home residents across the country in a class-action lawsuit filed recently in a Los Angeles federal court. According to the suit, the drug maker paid kickbacks to Omnicare and fixed prices to get J&J products prescribed to nursing home patients, often unnecessarily.
As a pharmaceutical consultant and supplier, Omnicare is hired by nursing homes in 47 states and Canada to find and provide medications at the best possible price. Meeting that goal is also a requirement of federal Medicaid law.
According to the lawsuit, J&J and Omnicare representatives met quarterly to discuss progress toward the goal of displacing medications from other companies with those from J&J, to keep prices as high as possible, and to convince doctors to order unnecessary prescriptions. In exchange, J&J paid Omnicare kickbacks thinly disguised as performance rebates and year-end bonuses.
The details of the two companies' plan were contained in a 1997 agreement that attempted to make the procedures appear legitimate, according to the lawsuit. Medications alleged to be targeted for promotion included Floxin®, Levaquin®, Risperdal®, Ultram®, Duragesic®, Procrit®, and Aciphex®.
In order to help promote the J&J drugs to doctors and patients, Omnicare, in its capacity as pharmaceutical consultant, would give the J&J products a preferred ranking, implying that they were somehow superior to similar drugs from other companies, according to the lawsuit.
The two companies allegedly conspired to keep prices as high as possible. If prices approached a level that would arouse the suspicion of Medicaid, according to the suit, they were adjusted downward.
A decision will be made in court to determine if the class represented in the lawsuit will include only California nursing home patients or those in all 47 states in which Omnicare does business, potentially as many as 1.4 million people.
If you or a loved one had been the victim of the Johnson & Johnson/Omnicare scheme to defraud nursing home residents, contact an experienced attorney. The decision on who to include in the plaintiff class, as well as other pretrial proceedings, will affect how you may be able to recover your financial losses. Your attorney will be able to explain the details and help you plan your legal action.
05/12/2010 - National Legal News
Less than a month after agreeing to pay a record $16.4 million fine for waiting four months to inform federal safety officials of sticking gas pedals, Toyota Motor Corp. has been warned that more fines may be imposed if the company’s efforts to improve safety fall short.
Less than a month after agreeing to pay a record $16.4 million fine for waiting four months to inform federal safety officials of sticking gas pedals, Toyota Motor Corp. has been warned that more fines may be imposed if the company's efforts to improve safety fall short.
Speaking at a meeting in Japan, U.S. Transportation Secretary Ray LaHood said he is pleased with Toyota's efforts to improve communications with his department, but said he wanted to see more progress and verifiable safety improvements. He said more fines might be appropriate if goals aren't met.
The $16.4 million fine recently paid by Toyota was for violating a federal law requiring car makers to notify the National Highway Traffic Safety Administration (NHTSA) when safety-related defects are found. It is the largest such penalty ever paid by a car maker.
Toyota notified distributors in 31 European countries in September that some of its vehicles had issues with sticking gas pedals that could result in unexpected acceleration that could cause auto accidents. The NTHSA was not notified until January.
Many Americans were first made aware of the problem when an off-duty California Highway Patrolman and three of his family members were killed in late August in the fiery crash of a runaway Toyota-built Lexus sport utility vehicle near San Diego. Following the crash, stories circulated that a non-standard floor mat may have interfered with the accelerator in that and other accidents. Eventually, attention shifted to Toyota gas pedals.
The gas pedal issue began a series of Toyota recalls that eventually involved more than eight million vehicles worldwide, most in the United States. Hundreds of lawsuits have been filed across the country, some for injury or death allegedly resulting from Toyota auto defects, others to recover lost value of Toyota products blamed on the bad publicity.
If you or someone you know has been injured or lost a loved one in an accident caused by a sticking gas pedal or other defect in a Toyota vehicle, contact an attorney. You may be eligible for financial compensation to help you deal with repair costs, medical bills, loss of income, loss of companionship, and pain and suffering.
05/10/2010 - National Legal News
The parents of two 11-year-old Mississippi girls killed in the rollover of a Yamaha Rhino off-road vehicle are suing the company in a Georgia court.
The parents of two 11-year-old Mississippi girls killed in the rollover of a Yamaha Rhino off-road vehicle are suing the company in a Georgia court. The parents' suit claims the Rhino's design is inherently unstable, making it prone to rollover accidents.
The fatal accident occurred Oct. 18, 2008, near the town of Olive Branch, in northwest Mississippi, about 15 miles south of Memphis, Tenn. Lauren Dilworth, who lived in nearby Southaven, died on the scene. Her friend Emily Bates, of Olive Branch, died in the emergency room at Baptist Memorial Hospital, in Southaven.
The lawsuit was filed by Thomas and Aundria Dilworth and Richard and Melissa Bates in Georgia State Court of Gwinnett County, located in Lawrenceville. Yamaha Motors Manufacturing Company is headquartered in Newnan, Ga., in Coweta County.
According to the lawsuit, the rollover occurred as the Yamaha Rhino, which resembles a heavy-duty golf cart with a roll cage, was being steered back onto a paved road from which it had briefly wandered. The girls died of multiple head and torso injuries. Neither was wearing a safety helmet or using safety belts.
Plaintiffs in many of more than 700 personal injury and wrongful death lawsuits claim the Rhino is too tall and narrow, making it top-heavy and easy to roll over. The Consumer Products Safety Commission (CPSC) has received reports of nearly 50 deaths in Rhino accidents, most due to the vehicle tipping or rolling over.
In cooperation with the CPSC, Yamaha offered free modifications to all Rhinos sold, in an effort to improve stability, handling, and occupant safety. In the program, spacers were placed on the rear wheels to extend the rear wheelbase by four inches, a rear sway bar was removed, and half-doors were added to keep occupants' legs from swinging out and being injured in an accident.
If you or someone you know has been injured or lost a loved one in a Yamaha Rhino rollover accident or other mishap, contact an experienced product liability attorney. You may be eligible for financial compensation for medical expenses, lost income, pain and suffering, and loss of companionship.
At The Dunnion Law Firm, our San Jose and Fresno personal injury and auto accident attorneys serve clients throughout Central California. Our experienced, aggressive attorneys have assisted clients who were injured in auto and motorcycle accidents, DUI accidents and wrongful death cases.
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