June 28, 2009

N.J. Crash Victim Caught in County-Insurer Lawsuits

Nicholas Anderson should be a multimillionaire.

Instead, he is penniless - and in need of medical treatment he can't afford.

On Dec. 23, 2004, Anderson was driving home when a tire caught on a six-inch lip on the roadside and he lost control of his car. The car crashed into a guardrail, which impaled the vehicle, severing Anderson's left leg and nearly severing his left arm. He was 18.

He sued Camden County, and last year a jury awarded him $31 million, finding that the county-maintained road was dangerous because of the drop in elevation between the road and shoulder, and because of the guardrail's design.

"I'm in pain every day," Anderson said.

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June 6, 2009

Lawsuit Filed in I-15 Wrongful Death of Stranded Honeymooners

Two trucking companies and their drivers are being sued over a 2008 accident on I-15 in Las Vegas in which two honeymooners outside their stranded vehicle were struck and killed.

Attorneys for the parents of one of the victims, Lisa Lynn Prock-Hills, filed a negligence suit in Clark County District Court against truck driver Stanislaw Masalski of Clearwater, Fla., and his company, Stan Trucking Inc.

Also sued were driver Sam Montalvo Martinez and his employer at the time of the accident, J.B. Hunt Transport Inc. of Lowell, Ark.

The Nevada Highway Patrol said Kevin Edward Hills, 38, and Prock-Hills, 41, were killed on Interstate 15 just south of Silverado Ranch Boulevard on March 13, 2008.

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May 28, 2009

Quadriplegic Musician Wins $18 M Verdict Against Ford Motor Co.

An Oakland musician who was made a quadriplegic in a rollover crash four years ago won an $18.3 million verdict against Ford Motor Co. in federal court.

Dax Pierson, 38, suffered severe spinal injuries when a Ford passenger van that the band was traveling in ran off an icy highway in Iowa and rolled over in a ditch on Feb. 24, 2005.

Pierson sued Ford for creating a defective seat-latching mechanism that caused his seat to come loose, resulting in his head hitting the roof of the rolled-over van.

The $18.3 million jury award came after three weeks of trial in the court of U.S. District Judge Phyllis Hamilton. It includes $12.3 million for past and future medical expenses and lost earnings plus $6 million for pain and suffering.

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May 23, 2009

Land Rover Maker Ordered to Pay $21.1 M in Rollover Case

A Los Angeles judge has ordered automaker Jaguar Land Rover to pay $21.1 million to a Simi Valley man who was paralyzed in 2003 when his Land Rover Discovery sport utility vehicle rolled over several times after a collision on the 118 Freeway.

L.A. County Superior Court Judge Robert H. O'Brien cited two key reasons for his decision: The vehicle's high center of gravity made it susceptible to rolling over, and its roof collapsed too easily, causing Sukhsagar Pannu to suffer a debilitating spinal cord injury.

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May 1, 2009

Families Sue Over Fatal MD Bay Bridge Crash

The families of three men killed in a 2007 crash on the Bay Bridge are suing a Maryland agency and several drivers over the accident. James Hewitt Ingle and Randall and Jonathan Orff died and five people were injured in May 2007 when a trailer being hauled behind a sport utility vehicle came loose and caused a multiple-vehicle crash.

The Ingle and Orff families are suing the Maryland Transportation Authority, the driver of the SUV, the owner of the trailer and two truck drivers and their employers for $19 million. Attorney Paul Bekman said his clients are suing the state because the authority knew accidents had happened before during two-way traffic on one span of the bridge. Officials have said the two-way traffic wasn't a factor in the accident. The lawsuit was filed in Anne Arundel County Circuit Court.

April 27, 2009

$13.7M Awarded in Illinois Car Crash Lawsuit

A Illinois Cook County jury has found in favor of the family of a BMW salesman in its wrongful death suit against a man who took a test drive and crashed the car, killing the salesman.

The jury awarded Roger Czapski's family $13.7 million, concluding that Christopher Maher was liable for Czapski's death Aug. 4, 2004 in South Barrington, Illinois.

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March 22, 2009

Indiana Police Settle Wrongful Death Suit Over Police Crash

City and police officials have agreed to pay a man $75,000 to settle a lawsuit filed after his fiancee was killed and he was seriously injured when a driver fleeing police crashed into his car.

Richard Garman’s settlement, allows the city of Indianapolis to avoid a costly trial without admitting liability in the fatal 1999 crash.

Garman’s case stemmed from a 50-second chase that reached 80 mph on city streets and ended when a fleeing driver struck the then 21-year-old Garman’s car, injuring him and killing his fiancee, J. Elizabeth Foster, 19.

Garman, now 30, sued based on his own injuries, which included broken ribs and collapsed lungs, as well as emotional distress and clinical depression spurred by Foster’s death. Garman’s injuries left him with more than $280,000 in medical bills.

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March 20, 2009

California Woman Paralyzed in Crash Gets $45 M

A judge has awarded $45 million in damages to a San Mateo woman who was paralyzed when a wrecking and demolition company's truck ran a red light and hit her car.

Tricia Roth, now 41, a former software developer for Microsoft Corp., suffered a broken neck and spinal injuries in the September 2006 accident, according to her lawyer. Her doctors said she requires full-time attendant care and will never walk again.

The driver, Roman Pantoja, failed to see the light on East Hillsdale Boulevard in San Mateo near Highway 101 and admitted that he was at fault, according to a court hearing.

Superior Court Judge awarded damages against Pantoja and his employer, Division 1 All Service.

March 19, 2009

Florida Jury Awards Woman $65 M in Crash

A jury awarded a 21-year-old Florida woman $65 million for her injuries in a 2007 crash. The verdict is considered to be one of the largest by a Polk County jury.

The verdict stemmed from a traffic crash in Zolfo Springs that left Kendra Lymon in a coma and hospitalized for months.

Lymon had been driving her Dodge Neon on Aug. 21, 2007, when a tractor-trailer owned by Bynum Transport, struck her car at State Road 35 and State Road 64, according to the lawsuit naming Bynum and the driver.

The truck's driver, Robert Bohn, a battalion chief for Polk County Fire Services, was working part-time for the trucking company.
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February 27, 2009

Arlington Texas Family Struggles to Cope After Drunken Driving Crash

An Arlington, Texas boy aged 2, who was critically injured in a drunken driving crash last week remained on life support as his parents coped with his devastating prognosis.

Eighty percent of Abdallah Khader’s brain was destroyed in the crash, according to his doctor, Jeff McGlothlin. If Abdallah survives, he will be severely disabled for the rest of his life.

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February 23, 2009

Jury Awards $2 M to Man Injured in Collision With FedEx Truck

On Aug. 20, 2008 a jury awarded nearly $2 million to a man who sustained a lumbar compression burst fracture in a collision with a Federal Express delivery truck.

James Hughes was a passenger in a car going through an intersection when he was struck by the FedEx vehicle.

Hughes' injury is located at the L1 disk, and it will required fusion surgery. He claimed he's in constant pain and he's prevented from performing actions more strenuous than walking for brief periods.

He also claimed his injury forced him to close his business.

The defense argued that a traffic signal malfunction caused the accident, but the jury found FedEx 100 percent liable.

Hughes v. Federal Express Ground Packages System, No. 2:07-cv-00286-CE

Court: U.S. District Court for the Eastern District of Texas, Marshall

February 14, 2009

Man Paralyzed in Crash After Underage Drinking Party Settles Lawsuit

An Illinois woman's homeowners insurance will pay $2.5 M to settle a lawsuit brought by a man who was injured in a crash that occurred after an underage drinking party in her home.

The settlement between the woman, whose teenage daughters hosted the party, and George Baldwin, 22, was approved by the judge in Lake County Circuit Court.

In 2006, Baldwin, then a 19-year-old Lake Forest High School graduate, went to the woman's home with a friend, William Klairmont, then 18 and also from Lake Forest. They were visiting Pfeifer's daughters, and all drank beer in the girls' bedroom.

Klairmont was intoxicated when he drove home and lost control of his car. Baldwin, a passenger, was injured with resulting paralysis.

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January 17, 2009

Dallas Mother, Children in Rear-Ender Car Accident Awarded $49,098 verdict

On Dec. 4, 2008, a jury awarded $49,098 to a mother and two children injured in a rear-end collision in Dallas.

In 2004, Silvia Dominguez and her children Teresita and Erick Hernandez were passengers in a vehicle struck from behind by a van driven by Raul Romero and owned by Champ Transportation Services.

Dominguez sustained back injuries and underwent chiropractic treatment, a diskogram and disk resection at L4-5. However, she claimed her pain still persists and she may need a lumbar fusion in the future.

The children also had minor injuries and were treated at the emergency room after the crash.

The defendants admitted liability but argued Dominguez's back problems were due to her job as a warehouse worker and disputed the need for future treatment.

Dominguez v. Romero, No. DC-06-03870

Court: 160th District Court, Dallas County

January 14, 2009

California to Rescue Good Samaritans

CA lawmakers are planning to introduce legislation that would offer greater legal protections to Good Samaritans in light of a recent California Supreme Court decision.

Legislators have introduced three bills to address Van Horn v. Watson, 08 C.D.O.S. 15199, which held that a state statute only shields rescuers from liability if they provide medical care in an emergency situation. The ruling puts at risk aid-givers who inadvertently hurt victims while removing them from a burning building or other potentially dangerous scenarios.

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January 4, 2009

Truck's Lane Change Blamed For Car Rollover

On Sept. 30, a driver and his passenger netted a total of $1,456,874 for injuries they sustained in a collision with a tractor-trailer.

In 2006, Ronny Martinez, then 35, was traveling with Kenneth O'Neal, then 48, when an 18-wheeler owned by Celadon Trucking Services veered into their lane. Martinez swerved, but gravel off the roadway caused him to lose control and drive back onto the interstate.

He collided with the truck, causing his car to flip and roll several times. Martinez, a restaurant manager, sustained a fractured vertebra and was unable to work for two months.

O'Neal, a retail store manager, suffered a minor brain injury and torn ligaments in his knee. He underwent a knee replacement and has not worked since the accident.

Celadon acknowledged that its driver contributed to the accident but argued that Martinez overreacted. The jury found Celadon 80 percent liable and Martinez 20 percent liable.

Martinez v. Celadon Trucking Services Inc., No. 72596

Court: 40th District Court, Ellis County

January 3, 2009

No Blame in Car Crash That Injured Woman

On Oct. 1, a jury found that neither party was to blame for a collision that resulted in neck and back injuries for one driver.

In 2004, Christy Chaney's car was struck by a vehicle driven by Alan Sunberg as both drivers were traveling in opposite directions on Hwy. 190 near Heidenheimer, Texas.

Chaney alleged Sunberg caused the crash when he entered her lane as he attempted to maneuver around a truck that was turning left in front of him.

She said the injuries she sustained required three months of chiropractic treatment. She also claimed experiencing headaches and that an MRI showed possible bursitis from the jarring impact, but she has not received any further treatment.

She sought $75,000 in damages. Sunberg argued that he had to go into Chaney's lane to avoid hitting the truck.

Chaney v. Sunberg, No. 219-964-B

Court: 146th District Court, Bell County

December 25, 2008

Ambulance And Car Accident in Leonard, North of Dallas

LEONARD TEXAS— An ambulance collided with a car at a rural North Texas intersection, killing all three people inside the sedan.

Police in Leonard say the ambulance driver failed to see the Chevrolet Malibu before turning onto U.S. Highway 69. The car slammed into the ambulance, sending both vehicles off the road and leaving the ambulance on its side in a ditch.

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December 23, 2008

Dallas To Start Towing More Uninsured Motorists

DALLAS, TX.- The Dallas Police Department will begin enforcing the Uninsured Motorist Ordinance with the start of the new year.
Approved by the Dallas City Council on May 28, the new law says that drivers who are stopped for a traffic violation and cannot provide proof of the state-required auto insurance will have their vehicle towed at the owner’s expense.

Currently, uninsured drivers in Dallas are only towed in the event of a traffic accident. The new ordinance extends towing to any traffic violations.

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December 20, 2008

Texas Roadway Hazards From Trucks Leaving Gas Well Sites

TEXAS-Johnson County officials are concerned about "mud" spills, the mess that some companies leave behind when waste is hauled away from drilling sites.

When trucks loaded with the mud used in the gas drilling process travel too fast along county roads, some of it spills out, and county officials are sometimes left to clean up the mess.

The Johnson County’s emergency management coordinator, said cleanup costs are mounting, and the problem is also plaguing other counties in the Barnett Shale.

The mud contains lubricants and toxic chemicals used to make the drill bit turn more easily. When mud spills onto roadways, it is like ice, sometimes leading to serious accidents.

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December 19, 2008

4 Die On Icy North Texas Roads

DALLAS — Four people, including a 14-month-old toddler, died in accidents on icy roadways as a wintry storm moved through Texas over the past week.

Authorities blamed icy roads for all four traffic fatalities. In three of the four deadly accidents, Monday night and early Tuesday, the drivers of the vehicles were speeding on slick roads, officials said.

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November 30, 2008

Texas Family Fights Insurance Company Over Car Wreck

A man was fleeing from Texas police at speeds topping 100 mph, when he crossed into oncoming traffic, ran through stop signs before his pickup smashed into another driver’s car in an intersection.

The 1999 wreck left a 7-year-old boy comatosed for a week, in the hospital for a month and in physical therapy for five years.

The man was later charged with using his truck as a deadly weapon, jumped bail and disappeared. He left behind a $300,000 auto insurance policy, money the family hoped would pay for their son’s medical bills.

But Nationwide Insurance, declined to pay, saying man violated his insurance contract by leading police on a wild chase all but guaranteed to end in a horrific wreck. Two courts have agreed with Nationwide.

Now the Texas Supreme Court will decide who deserves the law’s protection: a family whose car was in the wrong place at the wrong time or an insurance company with a reckless and irresponsible client.
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November 29, 2008

Dallas Funeral for Mexican Bridge Crash

About 500 mourners attended a funeral service for the seven people who died this week in northern Mexico when their vehicle plunged into a river off an unfinished bridge that apparently lacked warning signs or barriers.

The mourners gathered at a west Dallas church, around the seven caskets containing the remains of three adults and four children who died in the accident, which occurred early Thankgiving morning as they drove from Texas to visit relatives.

The family were two miles from their destination, the village of El Mezquite, according to the uncle of one of the victims.
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October 11, 2008

Dallas North Tollway Collision

There was a Dallas North Tollway collision early last Saturday, when a man drove the wrong away. His car collided with two others, killing a female passenger in one of them.

A Dallas police officer noticed a Honda Accord driving north in the southbound lanes of the tollway about 1 a.m. Saturday. The Honda, continued north until near Walnut Hill Lane, where it slammed into a Lexus sedan. The Honda then collided with a Chevrolet pickup. The driver was unhurt.

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October 4, 2008

Arlington I-20 Car Accident

ARLINGTON, TEXAS -- A woman in her 40s was killed this weekend after she tried to push her car out of the middle of Interstate 20 in southwest Arlington.

A child was apparently steering the car while the woman pushed. The child was taken to a hospital for treatment of injuries.

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October 1, 2008

Hispanic Drivers Sue Car Insurers

A class action lawsuit was filed in Utah federal court against insurance agencies who are alleged to defrauding Hispanic customers by intentionally not disclosing the availability, cost and purpose of buying uninsured and under-insured motorist protections.

The defendants are Florida-based United Automobile Insurance Company, and Utah agencies: El Sol Insurance, Amigos Insurance and Las Americas Insurance.

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September 26, 2008

Dallas I-45 Truck Crash

Dallas-A man died earlier this week in Dallas when an 18-wheeler crashed into the back of his car on Interstate 45.

Police investigators say the black Suzuki car was stopped in a northbound traffic lane on the interstate just north of Loop 12.

The car exploded when the tractor-trailer hit it. The driver of the car was pronounced dead at the scene.

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September 10, 2008

DART Commuter Train Crashed Into Car

DART trains were back on schedule after a Trinity Railway Express train crashed with a car and killed a Fort Worth woman.

DART officials noted that the westbound commuter train crashed into the passenger side of a car at a rail crossing just before 5 p.m. Tuesday near the Richland Hills station. The car apparently drove in front of the train.

The woman was pronounced dead at the scene. None of the passengers on the train were reported injured.


September 4, 2008

Doctors Sued for causing Painkiller Crash

A 77 year old Boston woman crashed her car leading to the death of a bystander. Now the dead man's widow is suing the doctors, alleging that they should have warned the negligent driver not to drive while taking the prescribed pain medicines.

Jane Berghold, the driver, crashed it through a hospital entrance last year killing two people. She plead guilty to criminal charges, and settled a civil lawsuit.

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August 30, 2008

Texas Bus Accident Negligence Lawsuit Filed

Another lawsuit has been filed in the Texas bus crash that killed 17 people earlier in August 2008. The lawsuit was filed by the estate of Cham Nguyen, who alleges that negligence on the part of the owner and driver of the bus, as well as the vehicle’s manufacturer, caused her death.

The August 8th 2008, bus accident was the nation’s deadliest since 2005. The charter bus, which was taking a group of Vietnamese Catholics to a religious festival in Missouri, blew an illegally treaded tire, skidded off the highway and overturned. In addition to the deaths, 38 people were injured.

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May 22, 2008

Santa Monica settles Farmers Market crash

Santa Monica city and other defendants will pay $6 million to settle two lawsuits stemming from a vehicle crash at the Farmers Market that left 10 people dead, bringing the total of payouts to plaintiffs in the case to $21 million.

The resolution of the two remaining lawsuits came during jury selection this week and follows a $15.3-million settlement earlier this year with 40 other plaintiffs.

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April 21, 2008

Texas Car Accidents Scam

Fake car accidents are a growing problem in North Texas. Statistics reported to the National Insurance Crime Bureau show since 2001 there have been nearly 350 staged car accident schemes in North Texas alone.

According to Dallas FBI agents, recruiters will find people to intentionally crash or damage their cars. Then they work with chiropractors and law firms to file the bogus insurance claims. They all share money received from insurance companies.