Austin, TX (Law Firm Newswire) May 21, 2013 – Some drunk drivers just do not “get” it. The one in this case certainly did not.

“Some drunk drivers realize the error of their ways, and do something constructive about it. Others, like the one in this case, find more and more creative ways to keep on drinking and driving, and the consequences be darned,” said Austin personal injury attorney Bobby Lee, of Lee, Gober and Reyna in Austin, Texas. “If you can believe this, a 45-year-old man with a prior conviction for DWI, jiggered with his vehicle ignition device, designed to stop drunks from driving, and once he succeeded in circumventing it, he drove anyway. What happened? His lack of common sense resulted in a brutal head-on collision that left one woman in serious condition and facing a long recovery time as a result of her injuries.”

The indicted driver was four sheets to the wind on February 22, 2012, when he decided to disable his ignition control device and go for a ride. Since his judgment was obviously impaired, he was noted traveling at a high rate of speed on the highway, weaving back and forth and drifting over the double yellow traffic lane markers, passing anyone he could. On his second or third attempt to pass others, he pulled out into the path of an oncoming vehicle.
On arrest, the man blew .18 percent, a figure that represents more than half the legal limit. Noting the man had a prior conviction for DWI, the police charged him with reckless driving, first-degree vehicular assault, aggravated vehicular assault, felony DWI, first-degree assault, felony aggravated DWI, and first-degree aggravated unlicensed operation of a motor vehicle.

“It doesn’t get much worse than this,” added Lee, “and the man may well spend a long time behind bars. Whether or not the family will file a personal injury lawsuit to claim compensation for the woman’s injuries is not clear. However, they would most definitely have a solid case. There is more than just negligence here and the case speaks for itself. We take DWI plaintiff cases seriously, and if you have been in a situation like this, make an appointment for your free consultation. We can certainly assist you in obtaining compensation.”

To learn more, visit Austin personal injury lawyer and http://www.rwleelaw.com.

Lee, Gober and Reyna
11940 Jollyville Road, Suite 220-S
Austin, Texas 78759
Phone: 512.478.8080

Washington, D.C. (Law Firm Newswire) May 21, 2013 – A Texas fertilizer plant exploded, killing at least 15 people and injuring as many as 200.

The explosion on April 17, 2013, occurred at a facility owned by the West Fertilizer Company in West, Texas that was used for the storage and distribution of fertilizers. The building caught fire, then exploded as firefighters tried to extinguish the flames. The cause of the fire remains unknown.

“Fertilizers are quite hazardous and require very stringent safety protocols in their handling and storage,” said David Lietz, a Washington, D.C. personal injury lawyer who specializes in industrial accidents. “Depending on what investigators discover, West Fertilizer Company could face an array of lawsuits.”

Even several days after the accident, the count of deaths and injuries had yet to be finalized, and some people were still missing. At least 150 buildings were damaged or destroyed, including a nursing home, a middle school, and an apartment complex.

Two lawsuits have already been filed in McLennan County district court. One suit, filed by insurance companies on behalf of a group of individuals and businesses, claims Adair Grain, Inc. – the parent company of West Fertilizer Company – was negligent in the operation of the plant, which led to the fire and subsequent explosion. That lawsuit does not yet list demands for damages

The other lawsuit, filed by Andrea Jones Gutierrez, seeks between $500,000 and $1 million in damages. Gutierrez lived near the plant in an apartment building that was destroyed by the blast. Her lawsuit claims she suffered unspecified physical and emotional injuries, in addition to losing all her possessions.

“Other possible targets for lawsuits are the manufacturers of the fertilizers stored at the plant and the companies that transported them there,” added Lietz. “Investigators will need to determine whether the chemicals were manufactured and handled properly.”

According to a New York Times report, records at the Occupational Safety and Health Administration (OSHA) show the plant was last inspected 28 years ago. That inspection uncovered five “serious” violations including improper handling and storage of anhydrous ammonia. The plant stored 110,000 pounds of anhydrous ammonia and 540,000 pounds of ammonium nitrate in late 2012 according to a report West Fertilizer made to the EPA at that time.

The Lietz Law Firm
888 16th Street NW
Suite 800
Washington, DC 20006
Call: 202.349.9869

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Tampa, FL (Law Firm Newswire) May 20, 2013 – A bill that would make it more difficult to sue nursing homes passed a Florida Senate committee.

SB 1384, sponsored by Senator Bill Galvano, R-Bradenton, was approved by the Senate Judiciary Committee on a 7-2 vote. The bill would affect plaintiffs seeking to recover punitive damages from nursing homes. They would have to establish at an evidentiary hearing that the nursing home breached its legal duty, resulting in actual injury, loss, or damage.

“While some lawsuits brought against nursing homes, as in any field of practice, may be frivolous or unfounded, I think this bill is a misguided attempt at reform,” said Tampa nursing home abuse lawyer Robert Joyce. “If this bill becomes law, some perfectly valid and necessary lawsuits may be held up or even prevented from proceeding.”

Under current law, plaintiffs must present evidence at a pre-trial hearing, but need not prove that it is admissible. This presentation of evidence is called a “proffer.” Galvano’s bill would require a stricter hearing to vet the plaintiff’s evidence and would require the presiding judge to grant permission to seek punitive damages.

Galvano said that his bill prevents proffers on what may turn out to be inadmissible evidence or hearsay.

Before passing committee, the bill was significantly amended to remove a provision that made it more difficult to sue a nursing home’s parent company. Galvano said that in the spirit of compromise, he would not oppose the change.

The bill now concerns only punitive damages. Opponents say it still goes too far because a 2001 law set the bar too high already. That change requires 50 percent of punitive damages awarded against nursing homes to go to a state “quality trust fund.” Steve Watrel, an attorney in Jacksonville who opposes Galvano’s bill, said the change was a disincentive to punitive damage claims, and no such claims have been awarded since it was enacted.

Other opponents who urged lawmakers to reject the bill included the AARP and the Florida Alliance for Retired Americans.

Two more committees must approve the bill before the full Senate can vote on it. Its House companion bill is HB 869.

To learn more or to contact a Tampa personal injury attorney at the Joyce & Reyes Law Firm, P.A. visit http://www.joyceandreyespa.com/ or call 1.888.771.1529.

Joyce and Reyes Law Firm, P.A.
307 S Hyde Park Ave,
Tampa, FL 33606
Call: 813.251.2007

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Austin, TX (Law Firm Newswire) May 20, 2013 – A baffling death at a South Padre Island water park in Texas prompted this man’s family to file a wrongful death lawsuit.

“This case had some serious loose ends, and the family, worried that this type of accident may happen to other workers at the same facility, opted to file a wrongful death lawsuit,” explained Brooks Schuelke, an Austin personal injury lawyer with Perlmutter & Schuelke, L.L.P.

The young man involved in this case was only 20-years-old when he died at work, his head allegedly crushed by a wave generator he was working on. The family has filed court documents demanding answers for his sudden and inexplicable death at a job he had only been at for a few months. The results of the young man’s autopsy indicated he met his death as a result of severe face and head trauma. The family wants access to the maintenance logs and blue prints for the wave generator, evidence in relation to the accident, in particular video surveillance footage, and information dealing with the make, design, sale and installation of the generator in the water park.

According to police reports, the 20-year-old man and a 27-year-old colleague were working on the wave pool, with the mechanical door hanging overhead. Without warning, the heavy door slammed down, pinning the older employee and crushing the younger man’s head. Although he made it to hospital alive, he died two days later. The accident report did not make clear if there had been a mechanical failure of the overhead door or of the paddles that generated the waves. “This is one reason why the family’s attorney would be asking for blue prints and log books for the equipment,” explained Schuelke.

On the face of the evidence, this could be deemed to be a freak accident. Depending on what the maintenance logs reveal, and how the equipment was installed and maintained, this could be negligence in the form of improper maintenance, and improper training for workers to fix the machine.
“While the information and the lawsuit will not bring this young man back, it may send a message to the water park owners that they ‘must’ maintain a safe workplace for their employees, and part of that means properly and regularly maintaining park equipment,” added Schuelke. The lawsuit may also prevent anyone else from being hurt or killed in a similar manner.

To learn more or to contact an Austin personal injury attorney or Austin injury lawyer, visit http://www.civtrial.com.

Perlmutter & Schuelke, LLP
206 East 9th Street, Ste. 1511
Austin, TX 78701
Call (512) 476-4944

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Waxahachie, TX (Law Firm Newswire) May 17, 2013 – A charter bus accident in Texas has left two people dead.

A charter bus bound for Oklahoma overturned on a Dallas turnpike on April 12. Witnesses stated that the bus went off the road on the right shoulder, slammed against a barrier, then over corrected to the left across several lanes of traffic and hit a concrete median. The bus then rode over the concrete barrier, flipped on its right side and came to rest. What caused the accident has yet to be determined; investigators are examining physical evidence in the area and inspecting the vehicle, and have reported that they expect the investigation to be a lengthy one.

“The latest report is that the driver was previously investigated for a prior accident,” stated Waxahachie personal injury attorney John Hale. “That certainly may raise a red flag.”

Loyd Rieve, 65, was driving a bus in 1998 when he ran over or hit a man who was offering aid at the scene of another accident. After an investigation, the grand jury declined to pursue a charge of criminally negligent homicide, but Rieve later faced several civil suits.

The charter bus carrying 33 passengers and the driver, Rieve, was on the President George Bush Turnpike in Irving, headed to a casino in Oklahoma, when it flipped. Rescuers were able to assist all passengers out of the bus; 16 people were rushed to the hospital in critical condition, and two people died. The charter bus landed on its right side, on the exit doors; passengers had to push open windows and use them to exit the bus, or climb out the hatches on the roof. Witness reported that at least two people were pinned under the overturned bus.

According to a study conducted in 2009, approximately 221 fatal bus accidents happen per year. Even though traveling by bus is vastly safer than driving by car, according to traffic statistics, the number of accidents involving buses is growing and of concern to the Federal Motor Carrier Administration (FMCA). The FMCA has determined that most bus crashes happen due to driver negligence: 15 out of 19 bus accidents examined were determined to be the driver’s fault. Fault may have occurred due to driver fatigue, excess speed, driving too fast for the prevailing weather conditions, driving which included abrupt lane changes and veering off the road.

John Hale is a Waxahachie personal injury lawyer and Ellis County personal injury lawyer helping injury victims near Dallas, Texas. Learn more at The Hale Law Firm

The Hale Law Firm
100 Executive Court, Suite 3
Waxahachie, TX 75165
Call: 888.425.3911

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Zephyrhills, FL (Law Firm Newswire) May 16, 2013 – Auto insurance fraud, by most measures, is more widespread in Florida than in any other state.

The National Insurance Crime Bureau (NICB) conducted an analysis of staged accidents occurring from 2007 to 2009 nationwide. According to the report, Florida was the top state for staged accidents during that period, at 3,006. Second place went to New York, with just over half that number.

“Florida, unfortunately, is home to a great deal of insurance fraud, but local measures are improving the situation,” commented Zephyrhills accident attorney Robert Alston.

The report also listed the five top cities in staged accidents. Florida claimed spots two through four, with Tampa, Miami, and Orlando, respectively.

Hillsborough County has had some success in implementing local reform. Following the NICB report putting Tampa second in the nation in staged accidents, Hillsborough County Commissioner Kevin Beckner went after allegedly fraudulent clinics that received the vast majority of their revenue from Personal Injury Protection (PIP) insurers.

With help from county attorneys, detectives, and the NICB, Beckner sponsored a county ordinance targeting clinics that received over 90 percent or $200,000 in gross income from PIP payouts. The ordinance requires such clinics to obtain a license from the county and identify and provide background information on all employees, including a managing physician.

Later, the NICB reported that questionable claims on PIP insurance in Hillsborough County had dropped to near zero. Writing in the Tampa Bay Times, Beckner said that 79 suspected fraudulent clinics closed within a month of the ordinance’s passage. He encouraged other counties to adopt similar measures.

The goal of no-fault insurance systems like Florida’s Personal Injury Protection (PIP) system is to lower the cost of insurance by avoiding the expensive litigation necessary to determine blame for an accident. No-fault therefore results in much quicker payments for injuries.

PIP was implemented in Florida in the 1970s as a way to combat auto insurance fraud. Unfortunately, fraud continued to grow. A number of reforms have been made to the law over the decades, including very significant and controversial changes in 2012.

Those changes made acupuncturists and massage therapists ineligible to receive PIP payments for treatment of injuries and limited “non-emergency” injuries to $2,500 of PIP coverage. A recent court ruling placed a temporary block on the 2012 PIP reform, a decision state insurance officials are appealing.

Robert Alston is a partner in the firm of Alston & Baker, P. A. To contact a Zephyrhills Social Security lawyer, Zephyrhills accident attorney, or Zephyrhills divorce lawyer, visit http://www.alstonbakerlaw.com.

Alston & Baker, P.A.
5518 Seventh Street
Zephyrhills, Florida 33542
Call: 813-779-8895
Toll-free: 1-888-500-5245
Alston & Baker, an Affiliation of Professional Associations:
The Law Office of Robert C.Alston, Esq., P.A. and
The Law Office of Marcie L. Baker, Esq., P.A.

Atlanta, GA (Law Firm Newswire) May 16, 2013 – Bikers are extremely vulnerable to unbelievably painful injuries or death if they are involved in an accident.

“No matter what amount of safety gear a biker dons, they are still moving leather targets, simply because they do not have the same kind of protection that a car has —- they are not surrounded by a steel frame, do not have air bags and are not wearing seat belts. A collision often means ejection from the bike. Ejection often leads to death due to brain trauma,” indicated Stephen Ozcomert, an Atlanta injury lawyer, who practices personal injury, accidents and malpractice law in Georgia.

Consider this case of a 52-year-old biker out for a ride, minding his own business. He was heading west on the highway, and close to an intersection where a road met the highway. The road was posted with a clear yield right of way sign. “While the sign may be clear to a sober driver, it was not clear to the drunk 39-year-old driver who blew the yield sign,” said Ozcomert. The biker had no place to go but into the side of the moving truck. Although he made it to hospital alive, he died later.

The driver who ran the yield sign was arrested and charged with DUI manslaughter. A quick check of his driving history told the police what they suspected, that the man had a bad driving record; four prior DUI arrests. “But for the man driving drunk, the biker would still be alive today,” Ozcomert remarked.

The biker’s family may wish to file a wrongful death lawsuit in the hopes of making the point that drinking and driving needs to stop. It is a message that many families in the same situation wish to make and even though they may succeed, people still drink and drive, thinking nothing will happen to them.

“This should not stop a family from filing a wrongful death lawsuit. They serve other purposes rather than just delivering a message. They are also a vehicle for obtaining compensation for the loss of the deceased’s life; a form of compensation to allow the family to move forward with their lives and be able to pay the bills arising as a result of the sudden death, due to another’s negligence,” indicated Ozcomert.

To learn more, contact Atlanta personal injury lawyer Stephen Ozcomert by visiting http://www.ozcomert.com.

Stephen M. Ozcomert, PC
215 North McDonough Street
Decatur, GA 30030
Call: (404) 370-1000

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Tampa, FL (Law Firm Newswire) May 16, 2013 – A Louisiana man is suing a local hospital, alleging inattentive care left him with deep vein thrombosis in both legs.

Louis A. Dirosa of Jefferson Parish filed a lawsuit against four defendants in connection with his February, 2010 hospitalization. He says that after he was admitted to the hospital, a nurse gave him an enema and left him on a bedpan. Dirosa alleges that he fell asleep and was left on the bedpan for four and a half hours, which caused painful swelling, deep indentations in his skin, and deep vein thrombosis (DVT) in both of his legs.

“Deep vein thrombosis, or DVT, is all too common in nursing home and hospital patients who are left unattended for too long,” said Greg Grambor, president of Vascular PRN, a distributor of DVT prevention devices.

Dirosa’s lawsuit names West Jefferson Hospital, parent company West Jefferson Medical Center Hospital & Health System, Karen Tassin, R.N., and Kristi St. Martin, M.D., as defendants. Dirosa says he went to the emergency room at West Jefferson Hospital after experiencing dizziness, severe headaches, nausea, and vomiting. The symptoms were later found to be the result of a fall he had suffered two weeks earlier.

Dirosa accused the defendants of medical malpractice due to failing to meet acceptable standards of care. He alleged that his diagnosis required him to be closely observed.

Deep vein thrombosis is the formation of a blood clot, usually in the legs. Potentially serious complications such as heart attack, stroke, and pulmonary embolism can arise when the clot breaks free and travels to other parts of the body.

“The risk of DVT can be dramatically decreased with compression therapy devices,” added Grambor. “Patients who are bedridden or otherwise immobilized are often fitted with compression devices that assist in maintaining blood flow and preventing clots. This is especially attractive as an alternative to expensive and potentially risky blood thinning medications.”

The case, assigned to Judge Cornelius E. Regan, seeks unspecified damages and attorney’s fees.

Chicago, IL (Law Firm Newswire) May 15, 2013 – The National Highway Traffic Safety Administration (NHTSA) has proposed a car rating system for older occupants.

The NHTSA is asking for comments in the Federal Register for the proposed system, which would provide a “silver car” rating in the New Car Assessment Program (NCAP). The proposal asks if there are aspects of car performance that would address the needs of older drivers and passengers in particular, including features that might make vehicles safer in the event of a car accident.

“More older drivers are on the road than ever before, and older drivers have the highest fatality rates in serious collisions,” said Robert Briskman, a Chicago car accident attorney. “Improvements in auto safety are needed to protect drivers and passengers of all ages.”

According to the American Association of Retired Persons (AARP), 16 percent of licensed drivers are age 65 or older, and by 2025 that figure is expected to increase by 20 percent. Car accidents are a top cause of injury-related fatalities in the older population. For drivers age 85 and older, the fatality rate per mile driven is nine times higher than for drivers age 25 to 69.

The Alliance of Automobile Manufacturers, a group that includes some of the biggest automakers, has said it will offer comments on the NHTSA’s proposal.

Many seniors and safety experts will likely welcome the concept of the “silver car” system. However, some people may not be excited about the idea of a car that is labeled as safer for seniors. A representative of the American Automobile Association (AAA) said that many older drivers do not want to purchase a car that is thought of as a stereotypical older person’s vehicle.

In developing smart-car features for seniors, AAA found that a better approach was to focus features that are helpful for particular conditions that some seniors may have, which can vary. For instance, someone with arthritis would benefit from features such as a push button starter and a thicker steering wheel that is easier to grasp. Shorter drivers would find adjustable gas and brake pedals useful.

Other proposed additions to NCAP include advanced frontal lights, blind spot detection tools, lane departure prevention technology and crash-imminent braking systems. Online comments about the proposed changes may be made at www.regulations.gov, referencing docket number NHTSA-2012-0180, through July 5, 2013.

To learn more about a Chicago personal injury lawyer and Chicago personal injury attorney, Paul Greenberg, visit http://www.briskmanandbriskman.com or call 877-595-HURT (4878).

Briskman Briskman & Greenberg
351 West Hubbard Street, Ste 810
Chicago, IL 60654
Phone: 312.222.0010
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Google Places: Contact a Chicago personal injury lawyer from Briskman Briskman & Greenberg on Google Places!To learn more, contact a Chicago personal injury attorney or Chicago car accident lawyer at Briskman, Briskman & Greenberg by calling 312.222.0010 or visiting http://www.briskmanandbriskman.com.

Cleveland, OH (Law Firm Newswire) May 15, 2013 – The possibility of medical malpractice is a patient’s nightmare; a nightmare that often comes true.

“I recently read a case where a man had gone to hospital to have his gallbladder removed; certainly a fairly routine operation. However, the results of the operation were anything ‘but’ routine. The man spent six months in intensive care fighting blood poisoning and multiple organ failure. What had happened? His surgeon severed his bile duct,” said Christopher Mellino, a Cleveland medical malpractice lawyer.

Spending six months in intensive care was just the tip of the iceberg in terms of adverse medical outcomes. The man also needed eight further surgeries, lost his job, and ended up having to wear a surgical corset permanently, as the muscles in his stomach had wasted away.

“While this is a horrific tale, it seems to be the rule these days, rather than the exception. Cases like this are far from isolated incidents. In fact, according to a study published in Health Affairs, adverse events happen in close to one-third of all patient admissions. A further report also revealed that approximately 44 percent of these kinds of events were preventable. That is scary stuff,” Mellino added.

Anyone who follows the news will also recall that in February 2013, seven hospitals in California were fined over $775,000 for committing preventable medical mistakes; mistakes that included wrong patient surgery, delayed emergency treatment, failing to monitor a patient’s breathing after administration of a drug and leaving foreign objects in a patient’s body. “The results of these errors? Medical malpractice victims with serious issues acquired thanks to a doctor messing up,” Mellino pointed out.

Shockingly, it is not just the financial, psychological and physical toll on patients that is a serious issue. Preventable medical mistakes cost the health care system at least $19.5 billion a year. However, if the further costs of loss of human potential and productivity are factored into the system losses, the cost of medical malpractice jumps to close to $1 trillion a year. For those that think preventable medical errors should be excused by making the patient carry a higher burden of proof to make a viable lawsuit, it is time that someone looked in the mirror —- and the someone would be the politicians and insurers who think medical malpractice lawsuits are frivolous.

To learn more or to contact a Cleveland medical malpractice attorney, or visit http://www.mellinorobenalt.com.

Mellino Robenalt LLC
200 Public Sq., Suite 2900
Cleveland, Ohio 44114
Call: (216) 241-1901