June 7, 2015

Holdaway v. Broumlin's Supermarket - Automatic Door Failure Injury

On the surface of some personal injury cases, it may seem the facts are so overwhelming that winning should be simple, straightforward. But the reality is almost every case has its complications. There are specific proof burdens that must be met. Proper evidence has to entered in order for certain assertions to be accepted. Notifications have to be properly filed and in some instances, expert witness testimony may be necessary. All of this is even before trial. automaticdoor.jpg

This is why it is so important to hire an experienced personal injury attorney in every single case.

In the case of Holdaway v. Broulim's Supermarket, a plaintiff with a seemingly legitimate case against a local supermarket did not seek legal counsel. Instead, he filed the action pro se, meaning on his own. Unsurprisingly, he was not successful. Although the case was appealed all the way to the Idaho Supreme Court, the justices affirmed findings by the lower court that plaintiff failed to present sufficient and appropriate evidence to support the assertion that the automatic door that closed on his leg caused his injuries.

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June 4, 2015

Genie Industries, Inc. v. Matak - Construction Death Lawsuit Weighed

When a person is injured or killed at work, typically workers' compensation or workers' compensation death benefits is the first - and sometimes only - avenue of compensation available. hardhat.jpg

In most cases, workers' compensation bars any other form of payment from one's employer, even if the company was in some way negligent for the accident.

However, there are sometimes cases in which third parties may be held liable too. This could be the property owner, other contractors and sometimes product manufacturers or distributors. This was the case in Genie Industries, Inc. v. Matak, where a worker was killed after falling from an aerial lift.

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June 1, 2015

Coba v. Tricam Indus., Inc. - Ladder Fall Liability Verdict Upheld

After a jury issued a conflicting verdict in the product liability case of Coba v. Tricam Indus., the defense made a crucial error: They did not object to it right away.
It was only after that the defense pressed the trial court for a reconsideration, pointing out the discrepancy. Specifically, defense noted the jury found the product in question - a ladder - was not defectively designed, but still decided the defendant manufacturer was strictly liable for the injuries of decedent who fell from it.

Trial court denied consideration, but a Florida appellate court reversed, citing the "fundamental nature" exception to the widely accepted rule that defense must challenge inconsistent verdicts with a timely objection. However, the Florida Supreme Court reversed, siding with trial court on this issue and finding the $1.5 million verdict (reduced by 80 percent per a finding of comparative negligence) should be upheld.

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May 29, 2015

Famous Philadelphia Chef Suffered Serious Spinal Cord Injury in Amtrak Crash

In the days immediate following the fatal Amtrak derailment accident in Philadelphia, we were seeing around-the-clock coverage of the incident. Each day, we learned new details about the speed of the train and some of the conditions surrounding the deadly derailment.

ready-chef-1382058-m.jpgAt one point, there was speculation bullets hit the train and two others in the immediate area, and, after the FBI said this did not occur, the focus turned to operator fatigue as a possible cause. We also heard about the number of victims killed in the fatal train accident and the large number of passengers who were injured in the crash.

While the news media has somewhat moved on to other stories, as eventually happens with any major story, we are still learning new information about the train crash. We are also hearing the personal stories of those injured in the derailment.

According to a recent report from NBC Philadelphia, a famous chef and owner of a local restaurant was one of the victims on board the train that day, and as a result of the train accident, he suffered severe injuries to his spinal cord.

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May 27, 2015

North Carolina Boat Crash - One Dead, One Injured

Every year, as the weather gets warmer, thousands head to the North Carolina coast and the Outer Banks on weekends to spend time on the water. Boating is a very popular activity. While spending the day on a boat or personal watercraft can be a very enjoyable activity, unfortunately there are many boating accidents in our area each year that result in serious personal injury or death.

866863_seattle_boating.jpgAccording to a recent report form WAVY, a boat crash on the Roanoke Sound left one victim dead and another seriously injured. Authorities have stated there were two boats involved in this fatal accident. One of the boats had thee occupants and the second boat had two occupants. It is still early in the investigation, and authorities do not yet know exactly what happened. What they do know is the victim who was killed in this North Carolina boating accident was 25 years-old and one of the boats was substantially more heavily damaged than the other.

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May 24, 2015

South Carolina Rep. Clyburn Injured in Car Accident

According to a recent report form News 12, South Carolina State Representative Bill Clyburn was involved in an auto accident. Authorities say Clyburn had attended the funeral of a former South Carolina representative in the Williamsburg area.

748825_crash_car.jpgClyburn and his wife were in their vehicle when they were allegedly rear-ended by another driver. First responders arrived at the accident scene shortly following the crash and provided immediate medical attention to Clyburn. EMTs then transported Clyburn to a local hospital. A member of Clyburn's staff said he was taken to the hospital solely out of an abundance of caution, as any injuries as a result of the car accident are not believed to be life-threatening or serious in nature. Authorities are continuing to investigate the cause of what is being descried as a minor car accident, and it should be noted there have been no reports of anyone being cited with a moving violation in connection with this rear-end collision.

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May 22, 2015

Preventing Personal Injuries at Swimming Pool This Summer

With the school year ending and the weather getting warmer, many families will be heading to swimming pools across the Carolinas this summer. While a trip to the swimming pool can offer a lot of family fun, it can result in serious accidents, which can have a devastating effect on those involved.

1262339_swimming_pool.jpgAccording to a recent news article form WJHG, doctors and hospitals are urging parents to help keep kids safe when in or around a swimming pool. One of the most important things parents can do is make sure children are under adult supervision at all times. A child should never be left alone at a pool. Proper adult supervision can go a long way to prevent drownings and near drownings.

While children of all ages have been victims of drowning, research from the Centers for Disease Control (CDC) has shown children between the ages of one and four have the highest drowning rates. It is recommended that any infants or toddlers in the pool should never be allowed to get more than an arm's length from an adult supervisor.

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May 20, 2015

Participant Injured in Carolina Bike Race

While we hear about bicycle riders being hit by cars all the time, these often serious or fatal accidents normally occur on an open public roadway, especially in a city. However, according to a recent report from WYFF News 4, a cyclist was injured in the sanctioned race known as the Assault on Mt. Mitchell.

cycling-2005-in-nuernberg-3-372280-m.jpgThis event is an annual bike endurance race that occurs in North Carolina and South Carolina, and was first held in the 1970s. The bicycle endurance event starts in Spartanburg, South Carolina and the finish line is at Mount Mitchell State Park, which is located in Yancey County, North Carolina. It takes the average rider around 12 hours to complete the race, but the top riders can finish in less than half that time.

Authorities say this rider had left Spartanburg to start the roughly 110-mile endurance race and later hit a reflector mounted in the road surface and lost control of his bicycle. He then is believed to have crashed into a truck with an attached trailer. The accident occurred shortly after 7 a.m., and emergency personal were immediately called to the scene. First responders provided immediate medical assistance to injured race participant and transported him to a local hospital in the Spartanburg area. This accident occurred in North Carolina but not far from the race start in Spartanburg, South Carolina. It should be noted authorities have not filed any charges against the operator of the truck in connection with this accident.

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May 18, 2015

Medical Device Developed in North Carolina May Help Accident Victims

In today's world, medical science and technology has developed to a point where more accident victims can live much the way they did prior to suffering a serious debilitating accident.

broken-leg-xrayseries-1-978477-m.jpgAccording to a recent report in The Charlotte Observer, some of this new technology is being developed in North Carolina. Specifically, a new leg-mounted device aimed at helping injury victims is being developed. The new device, which has been described as groundbreaking, is designed to use a carbon-fiber exoskeleton worn on a patient's legs and aids them in moving their legs back and forth during walking. What makes this device so remarkable is that it does not contain any motors with a power source, because designers believed this would make them to heavy to wear all day.

The way they work is a patient attaches the lightweight to device to his or her leg below the knee. There is also a crutch of some sort behind the patient's calf and a spring by the patient's ankle. There is a Kevlar cable that connects these elements, and a support is also placed in a patient's ordinary shoe. When a patient takes a step, the crutch engages the spring by compressing it, and then in uncoils, causing it to help propel the patient's leg forward. The mechanism then resets itself and starts again with each step. Essentially, it takes less physical energy to walk.

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May 14, 2015

Randol Mill Pharmacy v. Miller: Medical Malpractice and Compounding Pharmacies

Randol Mill Pharmacy v. Miller, a case recently weighed by the Supreme Court of Texas, involves a plaintiff who went to her doctor in 2011 for treatment in connection with her Hepatitis C diagnosis. Her doctor administered weekly injections of a compounded solution of lipoic acid and an antioxidant liquid.

doctorneedle.jpgAccording to plaintiff's complaint, she had nine weeks of these injections without any side effects and then developed a serious adverse reaction to the lipoic acid. She alleged as a result of this adverse reaction, she was required to be hospitalized, needed several blood transfusions, and is now permanently blind in both eyes.

This solution contained a 200 milligram per milliliter concentration of lipoic acid and was compounded by a pharmacist in connection with an order for three 30ml vials of lipoic acid. There was no mention of any patient associated with plaintiff's doctor's pharmaceutical order, and the liopic acid was designated for office use.

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May 12, 2015

Mother Blames Daycare for Child's Injuries

In recent months, we have been hearing more and more about daycare injuries. While some daycare operators and insurance companies like to believe this is just the latest fad in personal injury litigation, this is far from truth. The reason for an increase in personal injury lawsuits involving daycare accidents is not because there are more cases, but because the media is finally starting to give this serious and often preventable issue the attention it deserves.

childgroup.jpgOne of these tragic injury accounts can be seen in a recent article for the WV Record. Here, a mother is alleging her child's serious injuries were a direct result of her daughter's daycare center's negligent conduct. According to reports, plaintiff alleged in July of 2013, daycare employees did not supervise plaintiff's 13-month-old daughter when she tried to crawl out of her bed and, in the process, fell to the floor, sustaining an injury. Plaintiff further alleged daycare operator called her and told her that her child had fallen. Mother decided to leave work early and was on her way to the daycare center to pick up her daughter when daycare center allegedly called her back and told her not to worry, as her child was fine and child did not need any medical attention.

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May 9, 2015

IKEA Recalls More Potentially Dangerous Mattresses

Every parent knows there is nothing more worrisome than the first few nights you leave your newborn in his or her crib alone during the night while you sleep. With all the warnings about sudden infant death syndrome (SIDS), or crib death, as it is sometimes called, and the news about defective cribs and baby products in general, the fear is understandable and precautions are warranted.

empty-crib-824136-m.jpgAccording to a recent article from WRAL, IKEA has recently expanded a recall of crib mattresses sold in its stores and online to parents across the county.

The first recall was made after two reports that babies became trapped between the mattresses and the ends of the cribs. It should be noted, there were no injuries in connection with these two reports. However, since there is an obvious danger to an infant being trapped by his or her mattress, the Consumer Products Safety Commission coordinated the recall with Ikea, and this involved recalling around 169,000 units from stores and homes around the nation.

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May 7, 2015

Boating Safety and Personal Injury

With summer approaching and the days getting longer, many throughout the Carolinas will be hitting the water as soon as the weekend arrives. Depending on where you live, this may mean taking a johnboat out on a local lake to fish for bass, using a Jet Ski or Wave Runner, or even heading far out into the ocean in a 40-foot cabin cruiser for some deep-sea fishing.

1343298_boat_water_trail.jpgWhile boating can be a lot of fun, it can also be dangerous, especially when proper safety precautions are not observed. According to a recent article for The Seattle Times, May is the most dangerous month for boaters. Part of the increase is due to the high numbers of boaters on the water. With that excitement to hit the water, there are often shortcuts taken with safety measures, which can result in serious personal injury or death.

This increase includes recreational boaters, as well as those using human-powered watercraft such as kayaks, as well as commercial fisherman, such as the shrimpers who take to the waters off the Carolinas when the weather gets warm, and crab boat fisherman who work to provide residents and others around the country with native blue claw crabs. While many do not know this fact, with the problems in the Chesapeake Bay, many of the crabs devoured in Maryland's famous crab houses were shipped up from North Carolina and South Carolina.

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May 3, 2015

Man Killed in North Carolina Boating Accident

According to a recent report from WNCN, a man was killed in a boating accident in Lake Norman, North Carolina. Officials investigating the accident say victim was on his own boat, along with two passengers, during the fatal boating accident.

boating.jpgThe accident occurred around two in the morning, when the man was navigating the boat through a cove and accidentally crashed into a dock. Wildlife officers believe he was operating the boat at high speed, despite his close proximity to the dock. After hitting the dock, officers believe he was thrown from the boat into the water. It appears he was not aware of the dock, because it was dark, and he believed he was in a different position than his actual location at the time of the accident.

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May 1, 2015

Two Injured When Amtrak Train Hits Car in North Carolina

In recent months, we have seen several incidents of passenger trains hitting cars and trucks, resulting in serious personal injury and death to people in the cars and people on the trains in the case of a derailment. Although, it should be noted, in one of these recent train accidents, authorities alleged people in the car intentionally parked it on the tracks in attempt to cause an accident for which they later planned on filing an insurance claim.

railway-crossing-1444336-m.jpgAccording to a recent news article from The Washington Times, two people were taken to the hospital with serious but not life-threatening injuries after an Amtrak train collided into the car in which they were riding.

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