Recently in Child Injuries Category

February 27, 2015

Monfore v. Phillips - $1M Medical Malpractice Verdict Affirmed


Federal appellate court justices for the Tenth Circuit issued a clear warning to defendants who argue for more time in the wake of last-minute settlement deals wrangled by co-defendants to avoid trial: Don't count on it.
medicalsupplies.jpg
In Monfore v. Phillips, a doctor was accused of medical malpractice - alongside several other physicians. As often happens in these cases, defendants all presented a united front as the litigation wore on. There are, of course, many benefits to this, such as reduced costs by pooling resources.

However, it's quite common for litigation to end in settlement agreements prior to trial, and it's not unheard of for these developments to occur even on the eve of trial - or during trial. So when every other defendant broke rank on the united front and struck a deal with plaintiff just before trial, the sole remaining defendant doctor claimed he had been blindsided and needed more time to develop a new legal strategy, one that would have pinned the blame on his former co-defendants.

Continue reading "Monfore v. Phillips - $1M Medical Malpractice Verdict Affirmed" »

February 26, 2015

Needham v. Price - Parental Immunity Doctrine Won't Bar NC Child Injury Claim


The parental immunity doctrine is a long-standing legal principle holding that minor children can't sue their parents for tort-related claims, and parents can't sue their children either. The general idea is to avoid undermining parental authority and control over his or her children, and also to maintain the peace of the family unit.
motherchild.jpg
Most courts adhere to the 1891 Mississippi Supreme Court ruling in Hewlett v. George in which it was found so long as a parent is under obligation to care for the child, the child is under the reciprocal duty to aid, comfort and obey. Criminal laws will provide children protection from parental wrongdoing or violence, the theory goes.

But, there are many exceptions to this doctrine. It's not an issue that comes up often, but it did recently arise in the North Carolina Court of Appeals case of Needham v. Price, where it is alleged willful and malicious injury was caused. In those cases, parents cannot expect immunity, and that's how the appellate court ruled in overturning a previous summary judgment favoring defendant father.

Continue reading "Needham v. Price - Parental Immunity Doctrine Won't Bar NC Child Injury Claim" »

February 25, 2015

Olatoye v. Burlington Coat Factory - NC Slip-and-Fall Case to Continue


The North Carolina Court of Appeals reversed a summary judgment favoring the defendant in a slip-and-fall case at a large box chain store a few years ago.
hanger.jpg
The trial court had granted the favorable ruling to the store, but on appeal, plaintiff argued genuine issues of material fact existed that precluded such an early finding, and the appellate court agreed.

Although trial court judges can grant a favorable ruling to one side or another prior to trial, it almost always must be that the claims are defeated or proven as a matter of law. Where central issues of fact are still in dispute, those are matters that must be parsed during trial.

Continue reading "Olatoye v. Burlington Coat Factory - NC Slip-and-Fall Case to Continue" »

February 23, 2015

Study: Child Toys Cause Injury Every 3 Minutes in U.S.


An alarming new study indicates injuries caused by children's toys is a fast-growing problem. In fact, the number of toy-related injuries has shot up by nearly 40 percent since 1990, according to the latest edition of Clinical Pediatrics.
childgroup.jpg
With more than 3 million children treated in hospital emergency rooms for toy-related injuries over the course of more than a decade, that breaks down to one child every 3 minutes. Study authors say that is in fact a low estimate because it does not include the number of children who seek treatment in urgent care centers, doctor's offices or not at all.

It also doesn't encompass the number of children who died as a result of toy-related injuries, which according to the U.S. Consumer Product Safety Commission occur most often in association with small-part choking hazards, balloon asphyxiations and riding toys, such as push scooters.

Continue reading "Study: Child Toys Cause Injury Every 3 Minutes in U.S. " »

February 11, 2015

Ramseyer v. Dalisky - $40 Million Birth Injury Litigation Underway


At first glance, the 7-year-old boy appears healthy, with bright blue eyes, long limbs and blondish hair. But his parents say the depth of his disabilities are still being discovered, as each developmental stage brings additional challenges.
pregnancy4.jpg
Suffering from cerebral palsy, he will likely need a brace on his right leg for the rest of his life. His frontal lobe - the part of his brain that aids in socialization, decision-making and emotions, as well as portions of the brain that control motor skills, hearing and vision - sustained 20 percent damage. The cause, his parents allege in their $40 million lawsuit, was a lack of oxygen at birth caused by OBGYN's failure to appropriately respond to clear fetal distress.

While $40 million may seem a staggering amount, it's worth noting the brain damage is permanent, and he will likely require ongoing care the rest of his life. And his injuries, according to plaintiffs in Ramseyer v. Dalisky, were 100 percent preventable.

Continue reading "Ramseyer v. Dalisky - $40 Million Birth Injury Litigation Underway" »

February 2, 2015

Myers v. City of West Plains - Lack of Parental Supervision as Bar to Damage Recovery


An 11-year-old boy who suffered serious and permanent damage to his knee after falling on glass shards that littered a local park is entitled to $425,000 in damages, affirmed a Missouri appellate court recently.
brokenglass3.jpg
The fact that the child's mother was not present at the park to supervise at the time of the incident did play a role in reducing the park's liability from 100 percent to 85 percent. However, despite the city's objection, appellate court ruled trial court properly gave an instruction to jurors on the matter of lacking parental supervision as a "stray issue" that should not greatly sway the outcome of the case.

Both sides in Myers v. City of West Plains had agreed prior to trial the lack of supervision hadn't played a significant role in the fall, and likely would not have prevented it from happening. Yet, during the voir dire process of vetting jurors, many said they would be prejudiced in finding a city liable for injury to an unsupervised child. Thus, the court gave an instruction to jurors regarding how such information should be weighted.

Continue reading "Myers v. City of West Plains - Lack of Parental Supervision as Bar to Damage Recovery" »

January 20, 2015

Winter is the Season for Carbon Monoxide Injuries in North Carolina


A North Carolina teenager has been killed and the teen's father has been hospitalized as a result of carbon monoxide poisoning. According to WRAL, the incident likely occurred because the house was being heated by an improper heating device that was not meant to be used indoors. The device created too much carbon dioxide, resulting in the injuries and fatality. toxic-smoke-1394828-m.jpg

Carbon dioxide is an odorless gas that cannot be seen. An Anderson injury lawyer knows that it is also the top cause of poisoning deaths within the United States. While many different appliances can produce carbon dioxide, heating systems are one of the leading causes of poisoning due to this gas. During the winter season, it is important to know the risks of carbon monoxide and to do everything possible to avoid the dangers.

Continue reading "Winter is the Season for Carbon Monoxide Injuries in North Carolina" »

December 13, 2014

Home and Vehicle Safety During the Winter Months


Changes in temperature and new winter activities should shift homeowner safety awareness. Rather than focusing on outdoor barbecues and your swimming pool, you may have to deal with winter-proofing your home to keep your family safe. While North and South Carolina don't get as cold as the northern states, storms have been known to have a potentially dangerous effect, especially for residents in higher altitudes. Snow can wreak havoc, especially in the Appalachian Mountains, and all residents, visitors, and travelers should be wary of potential risks of colder weather. Here are some tips to keep your family safe this winter season:

1321314_snow_on_windscreen.jpg

Winterize your home. To make sure that your home is prepped for winter, install weather stripping, insulation, and storm windows. Water lines that run along any exterior walls should also be insulated. Before it freezes, you should clear out gutters and repair any leaks in the roof.

Continue reading " Home and Vehicle Safety During the Winter Months" »

November 28, 2014

Chavez v. Cedar Fair - Amusement Park Injury Weighed


Carnivals and amusement parks have come under intense scrutiny in recent years, as injuries mount and the industry remains poorly-regulated.
ferriswheel.jpg
Although the U.S. Consumer Product Safety Commission oversees how amusement park rids are manufactured, there is no federal agency in charge of regulating how they are set up, maintained are operated. This is left to the states, and the rules vary widely.

North Carolina has stiffer regulations than most. N.C. Gen. Code. 95.111.1-18 provides guidance on how amusement devices are designed, constructed, assembled, disassembled, maintained and operated so as to prevent injuries.

Continue reading "Chavez v. Cedar Fair - Amusement Park Injury Weighed" »

November 16, 2014

Elevators Pose Hidden Threat of Injuries


Parents already worry about their children--young or old. From making sure they have the proper nutrition and education, to keeping them out of harm's way, parents never seem to stop worrying about the well-being of their children. Whether at home, on the playground, or in a commercial area, you want to know that your children are safe. Now safety advocates are warning parents about another possible danger for their children--elevators. Experts warn consumers and government agencies about the treat of In-home elevators, especially older models, which are proving a deadly hazard for children.

Thumbnail image for wheelchair.jpg

According to CBS News reports, kids are frequently the victims of catastrophic and fatal accidents caused by elevators. In a recent case, a family rented a beach house in South Carolina and a 10-year-old boy suffered catastrophic and permanent injuries. He is now completely paralyzed and suffered debilitating brain injuries because of an accident. Another 3-year-old suffered when an in-home elevator failed to stop at the floor. The Consumer Product Safety Commission (CPSC) reports that one of the problems with in-home elevators is that they are not as regulated as commercial elevators and do not have the same safety features. Within a 2-year period, there were 1,600 individuals hurt on in-home elevators. According to reports, the majority of the deaths and serious injuries occurred when children were trapped in the gap between the elevator's exterior and interior doors.

Continue reading "Elevators Pose Hidden Threat of Injuries" »

November 13, 2014

Zylstra v. Boise State University - Student Wrestler Head Injury Case


Football players have become the unfortunate poster child for sports-related head injuries in recent years, with a flood of lawsuits filed by professional players on down to those in the Pop Warner-age leagues.gym.jpg

Certainly, football can be a dangerous sport, and reports one of the highest rates of head injuries for any athletic activity. But it's not the only one. As the recent case of Zylstra v. Boise State University highlights, wrestling too can be hazardous to participants - especially when coaches fail to recognize possible head injury symptoms or take appropriate precautionary measures.

A 2010 study published in the Western Journal of Emergency Medicine researched numbers and characteristics of wrestling injuries among male athletes in the U.S. between 2000 and 2006. Culling figures from the National Electronic Injury Surveillance System, study authors found 173,600 emergency room visits involving wrestlers between the ages of 7 and 17. Of those, 91 percent involved wrestlers 12 to 17, with an injury rate in that group of nearly 30 injuries per 1,000 wrestlers. Those included sprains, fractures and bruises, but the vast majority of injuries (75 percent) occurred above the waist (including to to the head).

Continue reading "Zylstra v. Boise State University - Student Wrestler Head Injury Case" »

September 2, 2014

BB Buggies Inc. v. Leon - $10M Product Liability Judgment Set Aside


A default judgment against the defendants in a $10 million product liability case was recently set aside by the Mississippi Supreme Court, after evidence was submitted indicated a "colorable defense," indicating the defense did not design, manufacture or distribute the product in question.
buggyinthesand.jpg
Our Anderson personal injury lawyers know that default judgments are regarded by appellate courts with scrutiny because, essentially, the defense has not presented their side of the case. Default judgments in favor of the plaintiff are typically entered when the defense fails to file an answer to the complaint within a set amount of time. Notice of the default judgment is issued, the defense has another opportunity to respond, and if they still do not, a separate hearing may be held to determine damages.

Continue reading "BB Buggies Inc. v. Leon - $10M Product Liability Judgment Set Aside" »

July 11, 2014

Millea v. Erikson: Duty of Care in South Carolina Wrongful Death Cases


Our South Carolina personal injury attorneys understand that establishing a duty of care in a negligence case can be a complicated matter.

ambulance677683-m.jpgIn Millea v. Erickon, the defendant, Erickson, often worked as a babysitter. She lived at home with her mother, Paula Myers, and her mother's boyfriend, John Laughlin.

On August 20, 2011, the plaintiff's parents asked Erickson to watch their 10-month-old daughter ("the baby"). As she had done on previous occasions, Erickson would watch the baby at the Laughlin/Myers apartment, where she lived.

Continue reading "Millea v. Erikson: Duty of Care in South Carolina Wrongful Death Cases " »

July 5, 2014

Child Injuries & Liabilities of Babysitters and Daycares


Every parent's worst nightmare is having their child suffer a severe or life-threatening injury when left under the care of a babysitter. A babysitter in North Carolina is now facing criminal charges after the 15-month-old she was babysitting was burned by scorching water and left in the bathtub. According to police reports, the father of the infant came home to find his infant daughter crying in the bathtub and covered with burn wounds.

Thumbnail image for mommaandbaby.jpg

First responders said that the infant must have been left in the water for at least 30 minutes and suffered from 1st, 2nd, and 3rd degree burns. Police records indicate that the babysitter did not hear the infant screaming because she was wearing headphones and listening to music. This is a tragic case, though unfortunately, child accidents and injuries involving babysitters and daycare centers are not uncommon. Our Greensboro personal injury attorneys are dedicated to protecting the rights of parents and injured children. We will investigate your case, identify responsible parties, and work to recover maximum compensation for child injuries.

Continue reading "Child Injuries & Liabilities of Babysitters and Daycares" »

July 4, 2014

Injury Prevention for 4th of July Weekend


Fourth of July weekend is a time for family gatherings, beach parties, backyard pool parties, camping, and all-night festivities that commemorate our U.S. independence. While preparing your family for the big holiday weekend, remember to put safety first. Every year, thousands of Americans are injured in 4th of July accidents, including those involving outdoor barbecues, swimming, alcohol, or fireworks. North Carolina families can help to prevent injures by understanding the risks and being prepared.

821202_fireworks.jpg

Our Charlotte personal injury attorneys represent individuals and families who have been impacted by serious and life-threatening injuries. We are experienced in accident investigations and committed to raising safety awareness to prevent future injuries or wrongful death. Here are some tips to help prevent accidents or injury this 4th of July weekend.

Continue reading "Injury Prevention for 4th of July Weekend " »