Charleston Personal Injury Lawyer - All Topics - Most Popular

Widow Sues Disney Cruise Line For Wrongful Death Of Husband

Amy Rothschild — Mon, 28 Jan 2008 09:28:39 GMT

Marilyn Piazza of New York, has brought a wrongful death suit against Disney Cruise Line claiming that the company is at fault in the August 14, 2007, death of Santo L. Piazza, her husband. Mr. Piazza was 78 years old at the time of his death.

Mrs. Piazza alleges that her husband died on a Mediterranean cruise in the summer of 2007 as a result of poorly designed raised threshold on bathroom doorway that resulted in Mr. Piazza tripping and falling. Mrs. Piazza further claims that the ship's medical staff first misdiagnosed his injures and acted to slowly in making efforts to evacuate him to an onshore medical facility for treatment.

"The suit gives this account: Santo Piazza tripped over the raised threshold while stepping into his cabin's bathroom. He fell, and his right side struck the bathtub, causing "catastrophic internal injuries." He immediately went to the shipboard health-services department, where he was given a Tylenol. That afternoon, he returned to the health-services department after he vomited, had shortness of breath and experienced severe pain. After his second evaluation, the ship's doctor diagnosed him with fractured ribs and a punctured lung, requiring immediate evacuation and hospitalization."

The lawsuit is seeking $75,000 in damages.

Originally posted at InjuryBoard by Amy Rothschild

Family Of Man Killed In Bus Crash Files Wrongful Death Action

Amy Rothschild — Thu, 17 Jan 2008 13:54:57 GMT

Pedro Mendez was killed on January 2, 2008, when a chartered bus owned by Capricorn Bus Lines Inc. of Houston, and in which he was a passenger, crashed. The crash occurred when the driver of the bus became sleepy, veered off the highway and and tried to pull back onto the highway. The driver overcorrected resulting in the bus zigzagging across the highway. The bus then rolled over before coming to stop before the driver of a pickup truck hit the bus' underside.

Several other passengers on the bus which had been chartered from Monterrey, Mexico, to Houston, Texas, were also injured. The driver was not hurt.

The Department of Safety issued citations to the driver for violating a commercial driver's license restriction and driver fatigue, both of which are misdemeanors.

Mr. Mendez' family has filed a lawsuit against the owner, operater and driver of the bus. The wrongful death action alleges that the three companies that owned, leased, maintained and operated the bus did not appropriately screen, test and qualify their drivers.

Mr. Mendez's widow, Rosalba, and daughter, Veronica, also were on the bus.

For more information on this subject, please refer to our section on Wrongful Death.

Originally posted at InjuryBoard by Amy Rothschild

Workers Compensation Approved for Illegal Immigrants

Pat Jennings — Wed, 02 Jan 2008 10:45:15 GMT

The Supreme Court of South Carolina recently handed down a ruling that the citizenship of injured workers should not influence their ability to recover for an on the job injury. The court found that illegal immigrants are entitled to the same benefits under the South Carolina Workers Compensation Code as every other worker in state. This decision came on the heels of a case involving an undocumented Mexican employee who was injured while working on a demolition job. He suffered a detached retina and the employer; Environmental Management Services did not feel as though it owed any benefits to its alien workers because of federal laws, which prohibit hiring these illegal immigrants. Although the company was gaining the benefits of these employees, it did not want to be liable for injuries suffered while they were gainfully employed.

In it's decision, the Supreme Court found that holding out these benefits to undocumented workers would essentially mean that they would not have to have insure their employees. "Disallowing benefits would mean unscrupulous employers could hire undocumented workers without the burden of insuring them, a consequence that would encourage rather than discourage the hiring of illegal workers," Justice James Moore wrote in the unanimous opinion. Other southern states including North Carolina have had similar decisions handed down on this subject, something that was noted in the unanimous opinion. Recent estimates find the number of illegal immigrants in South Carolina may range from 75,000 to 400,000.

Senator Glenn McConnell says that he does not agree with the high court's ruling. He feels that these illegal workers have "unclean hands" because they may not be upfront with their employers and that the taxpayers should not be footing the bill for their medical expenses. "We cannot afford for people who know they're illegal to come inhere and get the benefit that's going to be shared by the general public in terms of rates. That's just wrong - that's unfair," says McConnell.

For more information on this subject, please refer to the section on Workers Compensation.

Originally posted at InjuryBoard by Pat Jennings

Hospital Accused In Sending Deceased Infant to Dirty Laundry Rather Than Morgue

Amy Rothschild — Wed, 23 Jan 2008 14:13:30 GMT

On July 8, Kourtney McGee of Cleburne was in her second trimester when she went to Huguley Memorial Medical Center of Fort Worth because she was bleeding. She gave birth prematurely to Jacob Dwayne Robinson, who did not survive. Hospital staff told Ms. McGee, the mother, and Milburn "Pete" Robinson, the father, that their child's body would be taken to the morgue.

When the funeral director arrived at the hospital to retrieve the baby's body, he was told that the body could not be found. The baby's body was not refrigerated when it got to the morgue. Instead it was sent to a commercial cleaner with the dirty laundry.

The parents filed a lawsuit for negligence and gross negligence against Huguley Memorial Medical Center
as a result of hospital staff sending their deceased newborn not the hospital's morgue, but rather, to the cleaners with the dirty laundry. The lawsuit alleges that it took 19 hours for the hospital staff to find the newborn's missing body. By then, the body had been crushed and disfigured.

The lawsuit contends that Huguley Memorial Medical Center had a duty to care for, handle, maintain and/or prepare for burial the body of Jacob Robinson. It breached its duty by "mishandling, misplacing, and disfiguring the body..." The family is seeking damages for severe emotional pain and anguish, as well as punitive and exemplary damages.
How did the baby end up in the laundry?

The hospital has denied doing anything inappropriate.

For more information on this subject, please refer to the section on Medical Malpractice and Negligent Care.

Originally posted at InjuryBoard by Amy Rothschild

Charleston Man Dies In Car Crash

Chrissie Cole — Sun, 15 Mar 2009 15:13:00 GMT

A Charleston man lost his life on Friday night when he was thrown from his vehicle.

The car crash happened on Ashley Crossing Lane. According to Highway Patrol officials, the driver, 21, was traveling eastbound when he veered off the road and overturned hitting a tree.

Upon arriving at MUSC, the man succumbed to his injuries, according to the coroner.

His passenger, 22, was also taken to MUSC where he is listed in good condition.

For more information on car accidents, visit IB’s Auto Accident Help Center where you can find information about staying safe and avoiding accidents, what to do if you are in an accident and more.

Originally posted at InjuryBoard by Chrissie Cole

Cases Settled Involving Helicopter Crash

Amy Rothschild — Mon, 25 Feb 2008 09:29:48 GMT

In 2002, a medical helicopter crashed in Norfolk, killing three people aboard. The helicopter had just left a Norfolk hospital on June 21, 2002. when the pilot reported trouble. The helicopter subsequently crashed at the airpoirt. The pilot, an emergency room nurse and a paramedic were killed.

The families of the thre three victims filed suit. On February 19, 2008, the the famiilies' attorneys confirmed that a settlement had been reached and as such, it is likely that no trial will be held. Because the details were still being negotiated, the families' attorney could not release the details.

In 2004, the National Transportation Safety Board ruled that a faulty tail rotor and an inexperienced pilot were the likely causes of the crash. In particular, specific factors included the binding of a mechanism controlling the tail rotor, gusty winds and the pilot's lack of experience with that type of helicopter.

Originally posted at InjuryBoard by Amy Rothschild

Trudeau Corp. Recalls Garlic Press/Slicers

Chrissie Cole — Wed, 16 Sep 2009 12:03:00 GMT

Trudeau Corporation has issued a voluntary recall of Trudeau Garlic Duo Slicers because the blades can break during use, posing a laceration hazard to users.

To this date, the company has received four reports of slicer blades breaking. However, there are no reported injuries.

The recalled products are a combination garlic press/slicer with one of the following model numbers: 998009, 998010 or 998010CB. The model numbers were printed on the product packing card or UPC label but not on the product.

Consumers should discontinue use of the recalled items and contact Trudeau for directions on how to receive a free replacement and complimentary set of three measuring spoons.

* Do not throw away your Garlic Duo, as you will need to return it for your replacement garlic press.

Consumer Information: Contact Trudeau toll-free at (888) 887 8332 between 9 a.m. and 5 p.m. CT Monday to Friday, or visit www.trudeaucorp.com

The recall was issued in cooperation with the U.S. Consumer Product Safety Commission (CPSC).

Originally posted at InjuryBoard by Chrissie Cole

Offer of Settlement Made by State to Families of Students Killed In Virginia Tech Massacre

Amy Rothschild — Wed, 26 Mar 2008 14:44:35 GMT

Virginia State officials have offered about $100,000 to each of the the families of those killed in the April 16, 2007 Virginia Tech massacre if they waive their rights to sue the State of Virginia and Virginia Tech. The State has said that even if they were to be sued and found liable, a state law known as "sovereign immunity" which means that the state can do no wrong., each families' recovery would be limited to $100,000.

Under the current proposal, the State of Virginia would not admit any wrongdoing and intends to justify the renumeration on the basis that it is a way to avoid a potential series of lawsuits. The offer came after several weeks of private discussions between attorneys for the State of Virginia and for the victims' families. It has been reported that the family members have until March 31, 2008 to accept the offer.

As part of the proposed settlement, the State would also create a fund to help pay for the medical expenses of some of the more than two dozen students and faculty members injured in the shooting. The families of the 32 shooting victims who died, would each receive about $100,000. The monies would be paid for by the taxpayers.

Any settlement or payout from the state would be in addition to the $8.5 million in private donations that Virginia Tech distributed to the victims and their families last fall.

Originally posted at InjuryBoard by Amy Rothschild

32 Pre-Schoolers Suffer Minor Injuries in School Bus Crash

Amy Rothschild — Mon, 10 Mar 2008 12:16:57 GMT

Thirty-two students at Harleyville-Ridgeville Elementary School, were headed to see "The Wiz" at Charleston Southern University on Thursday, March 6, 2008, when Dorchester District 4 school bus in which they were riding was involved in a head-on collision. On U.S. Highway 78 near U.S. Highway 178, the school bus collided with a sports utility vehicle driven by a county employee, Joe Simmons, superintendent for public works in the solid waste division. The accident occurred when Mr. Simmons, who was driving a Blazer, crossed the median and sideswiped a Mitsubishi. Mr. Simmons continued driving and then struck the bus.

Mr. Simmons was hospitalized. The driver of the Mitsubishi and her daugther were also taken to the hospital with minor injuries. Fortunately, the children only suffered minor injuries, the worst being bumps and bruises, but were all taken to the hospital as a precautionary measure. There were no seatbelts on the school bus.

Originally posted at InjuryBoard by Amy Rothschild

Pet Food Company Pays $3.1 Million In Settlement to Pet Owners For Contaminated Food Manufactured in South Carolina

Amy Rothschild — Mon, 07 Jan 2008 10:24:52 GMT

Diamond Pet Foods with is based in Meta Missouri, will pay $3.1 million in a settlement with pet owners as a result of contaminated pet food that was manufactured in its South Carolina plant. The contaminated pet food resulted resulted in the illness and death of dozens of dogs nationwide including twenty three states, and the recall of twenty brands of cat and dog food.

The pet food contained a mold called aflatoxin. Aflatoxin, a naturally occurring chemical that comes from a fungus sometimes found on corn and in other crops, can cause severe liver damage. The contaminated product was produced at Diamond Pet Foods' plant in South Carolina. After the Food and Drug Administration released a report showing that the company had no records of test results for the last twelve shipments of corn in 2005, when the grain tainted with the deadly fungus entered the plant, Diamond Pet Foods admitted that it's workers in the South Carolina plant neglected to follow internal testing procedure to insure that its products were safe.

The company will set up a fund to reimburse pet owners for the loss of their dog, veterinarian bills and the cost of any unreturned contaminated food, said the attorney who represented a Knoxville, Tennessee family that sued the company. Despite consenting to the $3.1 million dollar settlement, the company maintains that it did nothing illegal, according to the settlement.

The contaminated pet food was sold in 23 states. Diamond recalled about 20 varieties of dog and cat food when a New York veterinarian said in December 2005 that she had linked a dog's death to the company's food.

For more information on this subject, please refer to the section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Amy Rothschild