December 30, 2008

Texas Wrongful Death Suit Blames Sawmill's Safety Violations

MARSHALL TEXAS- The family of a man killed while working at a Texas sawmill is suing the company for alleged safety violations.

According to the complaint filed Dec. 28 in the Marshall Division of the Eastern District of Texas, the man was employed at Southern Hardwood Co. on Jan. 20, 2007, when he died.
The man was making wooden boards for pallets using a board edger, when the Crosby board edger "shot back" a board into his chest.

The man was taken to a local hospital where he was pronounced dead and the cause of death determined to be from a blunt force trauma to the chest.

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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 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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December 18, 2008

Heavy Truck Accidents Caused By Fatigue

Driver fatigue is responsible for up to 40% of all accidents caused by semi-truck drivers. Data from the Deptartment of Transportation show that driver fatigue causes as many as 750 deaths and nearly 200,000 injuries on an annual basis.

Under the current rules, a driver must be allowed 10 hours off duty is he has been driving for more than 11 hours and/or has been "on duty" for up to 14 hours. In addition to this daily rule is a weekly rule that requires drivers to stop operating their truck if they have been "on-duty" for either 60 hours in a 7 day period or 70 hours in an 8 day period.

The Federal Motor Carrier Safety Administration has fought unsuccesfuly to tighten these rules and avoid the driver fatigue that has caused so many accidents and injured so many people.

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December 17, 2008

Family of Inmate Who Died Sues S.F. for $10 M

The family of a man who died at a San Francisco jail has filed a $10 million federal civil rights lawsuit against the city, saying sheriff's officials ignored prisoners' pleas that he needed medical help in the hours before he died.

The 48 year old man, died in his cell, a day after he was booked on suspicion of possession of drugs for sale following his arrest.

Five inmates have alleged that jail staffers did not respond to prisoners' pleas for the man to be treated by a doctor after he complained of feeling ill.

The man's death was listed as accidental, the result of a heart attack caused by acute drug intoxication, the medical examiner's office said.

The wrongful-death suit filed on behalf of man's family Friday in U.S. District Court in San Francisco claims that jail staffers failed to recognize that the man was undergoing opiate withdrawal. He told staffers and other inmates that he "felt like he was dying," the suit said.

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December 15, 2008

Family Sues Disney Over Defective Product Death

The family of a child who died in a Winnie the Pooh bassinet has sued the Walt Disney Co., alleging the company allowed sales of the bassinets despite a flawed design that had been linked to another baby's death.

The bassinet had a drop-down side for easy access, but the design created a gap where babies could slide through and hang to death. The child was 6 months old when she was strangled.

Shortly after the child's death, the U.S. Consumer Product Safety Commission directed retailers to stop selling the bassinets, which were manufactured by Simplicity Inc. Disney's consumer products division licensed its Winnie the Pooh name and image to Simplicity.

The suit, filed in California state court in Los Angeles, raises questions about a common practice in the nursery products industry: Are companies that license their names and characters to other manufacturers responsible when those products turn out to be deadly?
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December 8, 2008

Wal-Mart Sued by Family of Trampled Man

The family of a man killed in a stampede by holiday shoppers filed a wrongful death lawsuit against Wal-Mart Stores Inc, seeking unspecified damages.

Shoppers on New York's Long Island broke down doors and surged into the Valley Stream Wal-Mart, the day after Thanksgiving, known as "Black Friday," traditionally the busiest retail shopping day of the year.

The 34 year old man, was knocked to the ground and trampled to death. He had been assigned to cover security as an independent contractor.

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December 6, 2008

Lawsuit in Florida Blood Bank Death

The parents of a 7-year-old boy who died after contracting West Nile virus from a transfusion of tainted blood asked the Florida Supreme Court to restore an $8 million jury verdict against a blood bank.

The Court have been asked to decide whether all blood banks are covered by Florida's medical malpractice statutes, which include special procedures and limits on damages and attorney fees, rather than general negligence laws.

The American Red Cross and two national blood bank associations are participating in the case through a written "friend-of-the-court" argument that sided with the defendant, LifeSouth Community Blood Centers Inc.
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December 3, 2008

Judgment Overturned in Texas Hazing Case

A Texas judge has overturned his previous $16.2 million judgment against the Sigma Alpha Epsilon fraternity, which was sued by the parents of a pledge who died allegedly after a hazing event at the University of Texas.

The judge has accepted the fraternity's explanation that the failure to respond to the lawsuit was an accident, and the lawsuit will now proceed.

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December 1, 2008

Texas Failing to Protect Patients From Abuse And Neglect

A federal investigation has found that Texas is failing to protect disabled residents who are living in large state facilities, from possible lapses in health care.

The U.S. Justice Department said in a report that deficiencies in staffing put residents in 13 facilities at risk of abuse and neglect .

The probe concluded that serious problems and deficiencies in care currently exist throughout the facilities where nearly 5,000 vulnerable Texans live.

"We have concluded that numerous conditions and practices at the facilities violate the constitutional and federal statutory rights of their residents," said an assistant attorney general in the Justice Department's Civil Rights Division.

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November 20, 2008

Construction Worker Death Case Settles For $440k

The family of a construction worker who fell to his death received a $440,000 settlement. In 2005, a Texas man aged 23, was part of a crew working on a building in Mesquite. He and another worker entered a wooden box, which was then lifted by a SkyTrak device to the second story. They were working when the box tipped over and both men fell to the ground. The man was pronounced dead at the scene.

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October 9, 2008

Passengers Gambled With Impaired Bus Driver Resulting In Deadly Crash

California - A bus driver with a history of motor vehicle offenses and substance abuse was arrested on suspicion of driving under the influence earlier in the week, hours after his casino-bound charter bus ran into a ditch. Eight people were killed and 30 people were injured.

Officials said the bus had an invalid license plate, and they were unsure whether the driver had proper permits to operate the vehicle. The bus ran off the road while taking passengers to a northern California casino.
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AP Photo: A rear view of the charter bus that overturned.

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October 3, 2008

FAA Liable in Helicopter Crash

The Federal Aviation Administration (FAA) has agreed to settle and pay $4.5M to the 27 year old lone survivor of a deadly collision of two helicopters over Torrance Municipal Airport in Cailifornia.

The FAA agency decided to settle with Gavin Heyworth, a former Marine who sued the FAA after the 2003 collision in front of the control tower.

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September 29, 2008

Gas Well Explosion Award Upheld

The trial court jury award of $14.9 million to the family of a man killed in a fiery gas explosion was upheld this week by the New Mexico Court of Appeals. The arguments by Energen Resources Corp. that the jury's award was excessive and therefore unconstitutional was rejected by the Court.

Earlier the Santa Fe jury had found that after a trial in 2006, the oil and gas company was negligent and its conduct reckless in the death of John Stapleton, aged 19.

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August 28, 2008

$8.75M Settlement in Staten Island Ferry Crash

The family of a man who was killed in the October 2003 Staten Island Ferry crash settled its case against New York City for $8.75 million. This ferry crash killed 11 people and many ferry passengers were injured.

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May 30, 2008

Texas A&M officials can be sued in Bonfire case

The 10th Court of Appeals in Waco affirmed a district court ruling that allows for the case to go to trial in Brazos County court.

The Court ruled that Texas A&M administrators, acting in the course and scope of their jobs, can be sued individually for the events leading up to the 1999 collapse of the 59-foot-tall bonfire stack that killed 12 people and injured 27 others.

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