September 2, 2010

Dallas Fort Worth Construction Sites Can Lead to Brain and Spinal Cord Injuries

According to OSHA, 4,340 workers died on the job in 2009.

"With every one of these fatalities, the lives of a worker's family members were shattered and forever changed. We can't forget that fact."
-Hilda Solis, Secretary of Labor

Poorly Managed Construction Sites Are Dangerous.

Construction site injuries include:

* Falls
* Struck by falling object
* Struck by laterally moving object or equipment
* Impalement or penetrating injury
* Truck or other motor vehicle accident
* Electrocution
* Explosions
* Burns

Continue reading "Dallas Fort Worth Construction Sites Can Lead to Brain and Spinal Cord Injuries" »

September 2, 2010

We are the Dallas Fort Worth Texas Personal Injury Lawyers

I am proud of our work this week. We just settled another car accident injury claim. My client was minding his own business, one night in Dallas. Somebody plowed into him and rear ended him. The folks who hit him were drunk and tried to run. They were caught by an off duty apartment security guard.

Come to find out they were high as a kite and ready to fly.

Luckily for my client he had minor soft tissue injuries, but he had pre-existing neck problems including cervical neck fusion. Obviously we were concerned that he may have had neck injuries. But after medical evaluation he was cleared of major injuries.

We settled for insurance policy limits.

When you need to help after an injury or accident, you need to find the Dallas Fort Worth Texas personal injury lawyers.

We evaluate and accept cases all over Texas including Houston, Dallas, San Antonio car accidents, auto wrongful death cases, mesothelioma, burn injuries, Accutane side effect bowel disease, Paxil birth defects, brain injuries, 18 wheeler, semi truck, tractor trailer accidents, diesel truck or big rig accidents.

If you have been injured in an accident as a result of the negligence of others,
please call 817-900-8439, 888-210-9693 or Contact Me Online.

August 31, 2010

Two Settle in Personal Injury Accident at Dallas Cowboys Complex

Companies controlled by Dallas Cowboys owner Jerry Jones have paid out about $10 million to the two employees seriously injured in the 2009 collapse of the team’s practice facility, according to their attorney.

The payments settle lawsuits the two brought against Cowboys Center Ltd. and Blue Star Development Co.; Cowboys Center owned the steel and fabric facility as well as the land on which it stood.

One victim was paralyzed from the waist down and the second suffered a broken vertebrae when the building collapsed in a wind storm on May 2, 2009. DANNY ROBBINS, AP, Houston Chronicle 08/31/2010
Read Article: Houston Chronicle

Continue reading "Two Settle in Personal Injury Accident at Dallas Cowboys Complex" »

March 10, 2010

L.A. Settles Accident Lawsuit for $7 M

The city of Los Angeles paid $7 million to settle a lawsuit brought by a volunteer for the Los Angeles Triathlon, who was left a paraplegic by an accident during the event in 2007, according to his attorney.

Steve Albala, who was 60 at the time of the accident, was on his motorcycle helping to officiate the bicycle portion of the triathlon. A traffic officer motioned for a vehicle to enter an intersection into the volunteer's path, causing the accident, Albala's attorney contended in the lawsuit.

Read the full story here at the LA Times.

Continue reading "L.A. Settles Accident Lawsuit for $7 M" »

March 3, 2010

$14.7 M Settlement in Trampoline Lawsuit Against Chicago Board of Education

A Chicago man injured on a mini-trampoline when he was an eighth-grade student at a South Side elementary school 18 years ago has settled a lawsuit with the Chicago Board of Education and a private youth center for almost $14.7 million, his attorneys said Thursday.

Ryan Murray, who was 13 at the time, was injured in a tumbling class on Dec. 14, 1992, at what was then Bryn Mawr Elementary School, the attorneys said. Murray, now 30, became a quadriplegic after he hit his head as he did a flip off a mini-trampoline onto a mat in the school's gymnasium, the attorneys said.

Read full story here at the Chicago Tribune

Continue reading "$14.7 M Settlement in Trampoline Lawsuit Against Chicago Board of Education" »

February 25, 2010

Woman Gets $23.4M for Personal Injury Ford Crash

A jury has awarded a woman $23.4 million in a civil judgment against Ford Motor Co. for a 2007 freeway accident that left her a quadriplegic.

Cynthia Castillo lost control of her 1997 Ford Explorer when the tread separated from her left-rear tire as she drove on the freeway.

Her attorney, Brian Brandt, said the SUV veered off the freeway and rolled three times down an embankment, leaving her legs and most of her body paralyzed. Flaws in the vehicle's design caused it to lose control when the tire tread separates, Brandt said.

Read full story here.

Continue reading "Woman Gets $23.4M for Personal Injury Ford Crash" »

February 24, 2010

Idaho Springs Man Awarded $18.5 M in DUI Case

An Idaho Springs man was awarded $18.5 million for catastrophic injuries he suffered when a driver drunk on alcohol and high on marijuana left a mountain road and slammed into him as he was changing the oil on his wife's car in their driveway.

Clear Creek District Court Judge Granger assessed the award against the driver, Kevin Ruszkowski, 24; the owner of the Jeep, Randall Guy; and Guy's son, Justin Guy, 20, who had allowed Ruszkowski to drive the vehicle.

Paul Savage, 46, who was injured, was head waiter at the Alpenglow Stube at Keystone at the time.

Ruszkowski had no license because his driving privileges had either been suspended or revoked for prior driving misconduct.

Read more: http://www.denverpost.com/news/ci_14419648#ixzz0gN2hsQw2

Continue reading "Idaho Springs Man Awarded $18.5 M in DUI Case " »

February 6, 2010

Toyota Grapples With Huge Car Recall

Faced with an unprecedented recall of millions of vehicles and rivals swooping in on its customers, the public relations machine at Toyota Motor Corp -- one of the most savvy brand-creators in Asia -- is floundering.

Toyota has consistently played down recurring complaints of unintended acceleration, breaking what PR experts said is the cardinal rule in crisis management: assume the worst.

Read full article here.

Continue reading "Toyota Grapples With Huge Car Recall" »

January 9, 2010

Palo Alto Settles Cell Phone Crash Lawsuit for $1.5 M

Palo Alto has agreed to pay nearly $1.5 million to the victim of a 2006 vehicle crash involving a city worker who was using his cell phone while driving.

Silvio Obregon had asked the city for more than $5 million after the rear-end crash on Oregon Expressway left him with debilitating spinal injuries, according to court documents. He alleged that city worker Rubin Salas ran into him at a red light because he was reaching for his cell phone rather than watching the road.

Continue reading "Palo Alto Settles Cell Phone Crash Lawsuit for $1.5 M " »

January 2, 2010

Ford Settles Explorer Suit as Jury Considers Damages

Already on the hook for the lion's share of a $17.7 million judgment and waiting for a decision from a jury that was out considering punitive damages, Ford Motor Co. decided to settle with a couple who sued following a Christmas 2005 wreck that left the woman paralyzed.

The agreement came after a Clayton County, Ga., jury ordered Ford on Dec. 18 to pay more than $16 million of the judgment to compensate for what the plaintiffs argued were design defects in the 2002 Explorer sport utility vehicle in which the woman was a passenger.

Continue reading "Ford Settles Explorer Suit as Jury Considers Damages" »

December 17, 2009

Santa Rosa Winery to pay $3 M to Teen Injured in DUI

A Santa Rosa winery has agreed to pay $3 million to settle a lawsuit brought by a Sebastopol man who was permanently disabled in an alcohol-related car crash in 2006.

Paradise Ridge Winery was sued by Joshua Apodaca, the passenger in a car driven by a 19-year-old classmate, Sean Bradley, who allegedly was served beer at a wedding reception hosted by the winery.

A crash early the next morning left Apodaca with a serious brain injury and his family sought damages from Paradise Ridge, Bradley and the owners of a Sebastopol 7-Eleven store where Bradley bought additional alcohol.

Continue reading "Santa Rosa Winery to pay $3 M to Teen Injured in DUI" »

December 13, 2009

Columbia City Reaches Settlement With Man Injured by Taser

The city has agreed to pay $300,000 to a man who was critically injured in July 2008 after being shocked with a Taser by Columbia police.

As part of a settlement agreement finalized last month, the city will pay $233,544.63 to Phillip Lee McDuffy and $66,455.37 to the Family Support Payment Center to cover McDuffy’s overdue child support payments, according to Sarah Perry, the city's risk manager.

Continue reading "Columbia City Reaches Settlement With Man Injured by Taser" »

December 10, 2009

Florida Man Paralyzed in Motor Veicle Accident Awarded $44.9 M

A Lee County jury awarded $44.9 million to a Cape Coral man who was paralyzed in a 2006 motor vehicle accident.

The verdict, one of the largest in the county’s history, was awarded to Gerald Aloia. Aloia was riding on his motorcycle on Oct. 22, 2006, when he was struck by a Chevrolet Corvette driven by Deborah Veilleux. Veilleux, 45 at the time, died in 2007.

Continue reading "Florida Man Paralyzed in Motor Veicle Accident Awarded $44.9 M" »

December 8, 2009

Man Hurt by Falling Tree Limb in NY Central Park

A 33-year-old man who suffered brain and spinal injuries in July when a heavy limb fell from a tree in Central Park and struck him has sued the city and the Central Park Conservancy for negligence.

The man, Mr. Goldensohn, a computer scientist who works for Google, remains hospitalized from his injuries and has undergone several operations, said his lawyer, Nicholas Papain.

Continue reading "Man Hurt by Falling Tree Limb in NY Central Park " »

December 3, 2009

Supreme Court Allows $82.6M Award in SUV Rollover

The Supreme Court has left in place an $82.6 million award to a woman who was paralyzed after her Ford Explorer rolled over.

The justices rejected Ford Motor Co.'s challenge to the portion of the award, $55 million, that was intended as punitive damages. Ford argued that it should not be punished because its design of the vehicle met federal safety standards.

A California state appeals court earlier rejected Ford's contention and upheld the award to Benetta Buell-Wilson.

Continue reading "Supreme Court Allows $82.6M Award in SUV Rollover" »

December 1, 2009

WA Supreme Court Reinstates $8M Award Against Hyundai

The state Supreme Court reinstated an $8 million default judgment against Hyundai Motor Co. in a lawsuit over the backward collapse of a front seat in a 1997 crash that left a man paralyzed.

In a 7-2 ruling, the high court reversed the Court of Appeals, which had overturned a trial court's finding for Jesse Magana of Vancouver.

The justices said the South Korean automaker deliberately withheld documentation from Magana's lawyers for too long concerning other crashes in which front seats collapsed backward.

"Trial courts need not tolerate deliberate and willful discovery abuse," wrote the majority. "This result appropriately compensates the other party, punishes Hyundai, and hopefully educates and deters others so inclined."

Continue reading "WA Supreme Court Reinstates $8M Award Against Hyundai" »

November 27, 2009

Jury Awards Man $6 M When a Tree Falls on his Car

A Phillipsburg man was awarded nearly $6 million for injuries suffered when a large tree limb dropped onto their car in 2006.

Kenneth Matlock is permanently disabled and can no longer work as a truck driver, his career for more than 20 years.

On July 4, 2006 Matlock, his wife and three children were travelling on Route 29 when the limb from an oak tree, fell onto their car. Matlock and his wife suffered broken necks and he lost the use of his right hand after the limb fell from a height of about 20 feet. Kenneth Matlock, now 43, lost control of the SUV, which continued north 220 feet until hitting a guard rail on the opposite side of the road.

Continue reading "Jury Awards Man $6 M When a Tree Falls on his Car" »

November 24, 2009

Jury Awards $8 M to Woman Injured by City Bus

A Richmond jury awarded a librarian at the Library of Virginia $8 M in damages, the amount sought by her lawyers after the woman was struck by a GRTC Transit System bus and severely injured.

Meikiu Lo, now 34, suffered spinal and shoulder damage and multiple hip and pelvis fractures that resulted in chronic pain after a GRTC bus making a right turn struck her as she crossed the street beside the library.

She had waited on the sidewalk and was two-thirds of the way across the street when the bus, struck her, according to her attorney.

Continue reading "Jury Awards $8 M to Woman Injured by City Bus " »

November 13, 2009

Dallas Texas Slip and Fall Attorney Update

A slip and fall accident is a type of personal injury claim that occurs when an individual slips and falls on another person’s property. It is based on the breach of duty that the owner of the property was negligent in failing to correct the dangerous condition that caused the slip and fall.

The term Premises Liability is used when assigning responsibility for injuries caused by the defective design or maintenance of property, including private homes, public buildings, and anywhere a person would have a reasonable expectation of safety.

"Negligence" means failure to use ordinary care to provide a safe place and to reduce or eliminate an unreasonable risk of harm created by the condition or use of a place, equipment or procedures.

Continue reading "Dallas Texas Slip and Fall Attorney Update" »

August 27, 2009

Dallas Cowboys Staffers File Lawsuits Over Sport Facility Collapse

A Dallas Cowboys scouting assistant who was left paralyzed and a special-teams coach whose neck was broken in the May 2 collapse of the team’s practice facility in Irving filed separate lawsuits against the Pennsylvania-based company that built the structure.

The lawsuits, which also name an engineer and five other companies involved in construction and maintenance of the facility, contend that structural problems and code violations were kept from the team for years before the tentlike structure collapsed in gusting winds.

Rich Behm, who was paralyzed from the waist down, and coach Joe DeCamillis are seeking an undisclosed amount for their pain and suffering and for punitive damages.

Continue reading "Dallas Cowboys Staffers File Lawsuits Over Sport Facility Collapse" »

August 23, 2009

Mis Diagnosis of Epidural Abscess Leads to Paralysis

Sheila Matthews, a Naples mother of three, walked into NCH North Naples Hospital’s emergency room in March 2005 in extreme pain.

Over the years, the 55-year-old retired nurse had suffered from diabetes, peripheral neuropathy and bipolar disorder. On a scale of one to 10, she told doctors, this was a nine. The pain grew as doctors tried to determine what was wrong.

“She’s screaming, she’s in so much pain,” Matthews’ attorney, Nancy La Vista of West Palm Beach, told a Collier Circuit Court jury during opening statements Aug. 13.

Six days later, Matthews would become a quadriplegic.

Continue reading "Mis Diagnosis of Epidural Abscess Leads to Paralysis" »

August 22, 2009

Mud on Road Caused Car Crash, Paralyzing Driver

On June 26, 2007, at about 5:30 p.m., plaintiff Brian Moore, 19, a college student, hit a tree after he lost control of his sedan heading east on Peach Road in Fairfield County, South Carolina.

Moore alleged that he saw a clump of mud near the road's shoulder and tried to avoid it, but he couldn't, causing him to spin out of control and force him off the road. He was able to return to the road but overcorrected the vehicle which then yawed (when the vehicle's wheels are turned but the vehicle is also sliding sideways) 180 degrees and swerved through the oncoming lane and crashed into a tree with the passenger rear corner panel. Moore was paralyzed in the crash.

The road was being widened--2-foot paved shoulders were being added--and resurfaced by Boggs Paving Inc. under a contract with the state Department of Transportation. Boggs was putting down dirt that day to dress the shoulders, but the work was interrupted by a summer thunderstorm. Moore claimed that the road was contaminated with mud that had washed from the shoulders which resulted in his losing control of his vehicle.

Continue reading "Mud on Road Caused Car Crash, Paralyzing Driver" »

August 2, 2009

Montefiore Hospital to pay $19.2 M for Medical Malpractice

A paralyzed father of three plans to move from a nursing facility back home with his family after winning a $19.2 million negligence award against Montefiore Medical Center earlier this month.

Wilfredo Figueroa, 58, was working as a radiology technician on Sept. 22, 2004, when he was admitted to Montefiore, complaining of severe back pain.

The Bronx hospital's staff failed to diagnose a spinal abscess- an infection on his spinal cord - which rapidly led to his permanent paralysis, according to lawyer Edward Bithorn and court documents.

Continue reading "Montefiore Hospital to pay $19.2 M for Medical Malpractice" »

July 23, 2009

$14 M DUI Award Restored in Washington State

The Supreme Court in Washington state unanimously reinstated a $14 million award to a family who sued a tavern and a bartender after one of the bar's customers drove away from the establishment and collided with their car, leaving a 7-year-old-boy a paraplegic.

Under state law, bartenders who serve visibly intoxicated customers are liable for damages to potential victims. At question was the type of evidence needed to prove "negligent overservice."

Continue reading "$14 M DUI Award Restored in Washington State" »

July 4, 2009

Jury: Home Depot Liable for $1.5 M in Accident

A Cobb County, Georgia jury has awarded a Home Depot customer and his wife $1.5 million in a personal injury case stemming from a forklift accident inside a store.

According to the complaint, in November 2005 shopper Larry Reece fell and suffered neck and spine injuries after a pallet of plywood fell 24 feet from a forklift.

The wood hit a barricade that knocked over Reece, who wound up trapped under the plywood.

As part of the verdict, Reece’s wife was awarded $30,000 for loss of marital relations, said the couple’s attorney, Jeff Shiver. Shiver said medical expenses for Reece’s neck injuries were about $120,000, including surgery to repair herniated discs.

Continue reading "Jury: Home Depot Liable for $1.5 M in Accident" »

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.

Continue reading "Quadriplegic Musician Wins $18 M Verdict Against Ford Motor Co." »

May 25, 2009

Disney and Tram-Injured Woman Reach Settlement

A Chinese woman who fell out of a moving Disneyland tram and suffered injuries that left her needing 24-hour medical supervision for the rest of her life has reached a settlement in a lawsuit she filed against the Walt Disney Co.

Lawyers for Qi Zhao and Disney reached the agreement, bringing a two-week trial in Los Angeles County Superior Court to an abrupt end.

Details of the accord were not released.

Zhao, 48, filed her suit in 2007, alleging the tram driver was going too fast. She was riding the tram with two sisters and a niece. According to the complaint, one of the sisters fell from the King tram as it moved toward a parking lot.

Reacting to the fall, the other two sisters also fell out. One suffered minor injuries and Zhao hit her head on the pavement, suffering severe traumatic brain injuries and skull fractures and was in a coma for three weeks.

Continue reading "Disney and Tram-Injured Woman Reach Settlement" »

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.

Continue reading "Land Rover Maker Ordered to Pay $21.1 M in Rollover Case" »

May 15, 2009

Paralyzed Pole Vaulter Wins Lawsuit

A young Connecticut man who was paralyzed from the chest down in 2002 while pole vaulting at Southern Connecticut State University has won $6.4 million in damages from the Connecticut affiliate of USA Track and Field.

Brandon White, 25, won the civil lawsuit from a six-member New Haven Superior Court jury.

Continue reading "Paralyzed Pole Vaulter Wins Lawsuit" »

April 29, 2009

Raising Alarm at Cheerleading's Dangers

It has been a year since Lauren Chang collapsed during a cheerleading competition and died, leaving behind her smiling portrait as a grim testament to the dangers of her sport.

That tragedy, as well as another death and a serious injury suffered by cheerleaders in recent years, has placed Massachusetts in a pivotal point in the crusade to make cheerleading safer.

Last fall, the mother of Ashley Burns, a Medford 14-year-old who died in a 2005 cheerleading accident, filed a lawsuit in her death. In addition to seeking damages, Ruth Burns is also asking a judge to force national groups that sanction cheerleading competitions and oversee the sport to adopt more stringent safety rules.

Continue reading "Raising Alarm at Cheerleading's Dangers" »

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 14, 2009

Paralyzed Seattle Wrestler And School Settle

A former Seattle High School wrestler who was paralyzed at a practice two years ago was awarded $15 million in a settlement with Seattle Public Schools.

Mac Clay, then a senior, was at wrestling practice in the school cafeteria when he was driven backward into two wrestlers going in the opposite direction. The accident left him with limited use of his arms and no movement in his fingers and triceps, according to his attorney.

At the time, 13 wrestling team members were practicing using one mat on the concrete floor, although there were extra mats nearby, his attorneys said.

"They didn't follow the normal safety rules," said one of Clay's lawyers, Jack Connelly. "The coaches weren't certified and hadn't attended safety classes required" by the Washington Interscholastic Activities Association.

26696171_64460405.jpg

Continue reading "Paralyzed Seattle Wrestler And School Settle" »

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

January 28, 2009

Wisconsin Ruling Limits Cheerleader Injury Suits

High school cheerleading is a contact sport and therefore its participants cannot be sued for accidentally causing injuries, according to the Wisconsin Supreme Court.

The court ruled that a former high school cheerleader cannot sue a teammate who failed to stop her fall while she was practicing a stunt. The court also said the injured cheerleader cannot sue her school district.

The National Cheer Safety Foundation said the decision is the first of its kind in the nation.

At issue in the case was whether cheerleaders qualify for immunity under a Wisconsin law that prevents participants in contact sports from suing each other for unintentional injuries.

30399391_33728762CL.jpg

Continue reading "Wisconsin Ruling Limits Cheerleader Injury Suits" »

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.

Continue reading "California to Rescue Good Samaritans " »

January 5, 2009

Tyler Texas Store Not Liable For Elderly Shopper's Death

On Sept. 24, a jury rejected a family's claim that its elderly patriarch died as a result of injuries sustained when he fell at a Family Dollar Store.

The family of Warren Tiner, 84, alleged he was shopping at the Tyler store when he tripped over a box left out in an aisle.

Complaining of back pain, he checked into a hospital eight days after the September 2006 incident. His condition worsened, and he developed other health issues, including pneumonia, heart problems and eventually paralysis from spinal cord compression.

Tiner's family claimed his death in July 2008 was related to injuries from the fall. Family Dollar denied that a box was in the aisle and contended that even if it were, Tiner should have seen and avoided it.

The defense also argued that Tiner suffered from chronic health problems prior to the incident.

Tiner v. Family Dollar Stores of Texas L.P., No. 07-1759-C

Court: 241st District Court, Smith 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 7, 2008

Medtronic Lawsuit Over Spinal Implant

Medical device maker Medtronic Inc. said it did not encourage the unapproved use of its spinal implant, which a new lawsuit is blaming for the death of a California woman.

The lawsuit, filed by the woman's family in Los Angeles, said her death was caused by use of the Infuse spinal graft in her neck. The device is approved only for use in lower-back surgery and some oral and dental procedures.

The woman's surgery took place in August, a month after the Food and Drug Administration warned that use of Infuse for neck surgeries had led to problems swallowing, breathing and speaking.

Continue reading "Medtronic Lawsuit Over Spinal Implant" »

September 11, 2008

Spinal Cord Injury Information

According to the National Spinal Cord Injury Association, as many as 450,000 people in the United States are living with a spinal cord injury (SCI). Every year, an estimated 11,000 SCIs occur in the United States. Most of these are caused by trauma to the vertebral column, thereby affecting the spinal cord's ability to send and receive messages from the brain to the body's systems that control sensory, motor and autonomic function below the level of injury.

According to the Centers for Diseases Control and Prevention (CDC), SCI costs the nation an estimated $9.7 billion each year. Pressure sores alone, a common secondary condition among people with SCI, cost an estimated $1.2 billion.

Continue reading "Spinal Cord Injury Information" »