Charleston Personal Injury Lawyer - Wrongful Death

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

Jury Awards Family $28 Million in Wrongful Shooting of 12 Year Old Boy By Police

Amy Rothschild — Tue, 11 Mar 2008 14:00:35 GMT

Today, a federal jury in Pittsburgh, Pennsylvania, awarded $28 million to the family of a 12 year old boy who was shot by police on Christmas Eve in 2002. The boy was unarmed at the time he was killed. After the boy's death, his family filed a wrongful death claim against Troopers Samuel Nassan and Juan Curry alleging that they acted intentionally. Apparently, the jury agreed. The jury deliberated for four days before rendering their $28 dollar verdict. The $28 million appears to be the largest award ever granted against state police.

Originally posted at InjuryBoard by Amy Rothschild

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

Family Sues Over Six-Year-Old Son's Pool Drowning

Amy Rothschild — Tue, 29 Jan 2008 14:00:16 GMT

On January 28, 2008, the parents of a six-year-old boy who drowned when his arm got caught in a strong underwater swimming pool suction drain, filed a law suit agains the the town of Greenwich, Connecticut, Shoreline Pools and other defendants. The lawsuit, which asks for more than $15,000 in damages, states that Shoreline Pools ad a history of violating building code requirements. The lawsuit also claims that the town of Greenwich neglected to conduct an appropriate inspection before issuing a permit for the pool and accuses the town of failing to conduct a proper inspection before issuing a permit.

The boy was trapped in the pool drain on July 26th. The boy's father and another adult jumped into the pool to try to free him but the suction on the drain was simply too strong. The parents were not able to find a way to cut off the suction pump so they cut off power to the entire house which included the pool's drain pump. After the child was freed, the father performed CPR but was not able to resuscitate the child.

According to the claim brought by the boy's parents. there have been more than 150 reported cases of swimming pool drain entrapments, leading to at least 48 deaths and many serious injuries since 1985.

If any funds are recovered, the parents plan to donate the money to an organization that provides funding for child safety issues.

This story was first published by the Associated Press.

Originally posted at InjuryBoard by Amy Rothschild

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

Families of Mine Collapse Victims Plan To File Suit

Amy Rothschild — Thu, 24 Jan 2008 14:33:24 GMT

The first lawsuit stemming from the August 2007 mine collapse disaster in Crandall Canyon is formally taking shape.
On January 23, 2008, notices of claims were sent to the Intermountain Power Agency (IPA) and the Los Angeles Department of Water and Power by attorneys for the surviving heirs of seven miners killed in a pair of mine-wall collapses - along with two miners injured in the ill-fated rescue effort. The notices state that these entities were negligent in failing to take measure to avert the disaster and that they both knew of the dangerous conditions that existed in the mines. No monetary damages were specified.

The IPA has 60 days to respond to the notice and the Los Angeles Department of Water and Power has 45 days to respond to the notice and accept responsibility. If they do not accept liability, lawsuits can be filed.

The notices are required when a lawsuit is about to be filed against a governmental entity. The notices, however, do not make reference to the Crandall Canyon mine operator, Utah-American Energy Inc. or its parent company, Murray Energy Corp. A Salt Lake City, Utah attorney who is representing 26 claimants stated, however, that action against Murray Energy Corp and others is likely in the future.

According to the Salt Lake Tribune that reported the story, he attorney for the victims' survivors said that the claims seek "justice for these families, to the extent you can do that with a lawsuit and compensation. Compensation is an imperfect way to get justice, but there isn't a better alternative because we can't turn back the hands of time and bring back their loved ones."

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

Family of Victim Files Wrongful Death Suit Against Drunk Driver and Tavern that Allegedly Served Driver Alcohol

Amy Rothschild — Mon, 14 Jan 2008 09:20:30 GMT

Relatives of a 44 year old Marvin Garcia have filed a wrongful death suit against Michah Henry, a military police officer accused of causing a crash that resulted in Mr. Garcia's death on New Year's Day. The lawsuit also names Maloney's Tavern, an Albuquerque bar that allegedly served alcohol to Mr. Henry that night. The lawsuit is seeking monetary damages and court costs.

Mr. Henry, the defendant, was driving a sports utility vehicle and allegedly ran a red light resulting in him crashing into a pickup truck that was being driven by the decedent. The decedent's girlfriend, 47-year-old Josephine Laweka, was also killed.

Toxicology reports indicate that at the time of the accident, Mr. Henry, the man who caused the accident, had a blood alcohol level of 0.16%, which is twice the legal limit of 0.08%. Mr. Henry is also facing two criminal counts of vehicular homocide.

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

Originally posted at InjuryBoard by Amy Rothschild

Parents of Student Who Died After College Hazing Incident File Wrongful Death Suit

Amy Rothschild — Wed, 02 Jan 2008 09:22:18 GMT

The parents of a Rider University student who died after a suspected hazing incident in the Spring of 2007, filed a law suit againt the university claiming it didn't adequately supervise the fraternity house where excessive drinking occurred. The lawsuit also names Phi Kappa Tau fraternity and four members of the fraternity's now-defunct Rider chapter. Gary DeVercelly Jr. died in March 2007 after a party at the on-campus Phi Kappa Tau house in which authorities say pledges were urged to consume large quantities of alcohol.

DeVercelly, an 18-year-old freshman from Long Beach, Calif., was pronounced dead on March 30 at a Trenton hospital, two days after the party. He had a blood alcohol content of .426, according to autopsy results released by prosecutors.

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

Originally posted at InjuryBoard by Amy Rothschild

Trucking Company To Pay $9 Million For Wrongful Death Of Two Sisters

Amy Rothschild — Mon, 17 Dec 2007 14:01:20 GMT

Seven and two year old sisters died when the family car in which they were riding was rear-ended by concrete pumper truck. At the time of the accident, the truck was driving at an unsafe speed and was not able to stop in time to avoid hitting the family's vehicle, which had stopped to assist a disabled vehicle. The trucking company, Brundage-Bone Concrete Pumping,will pay $9 million to the parents of the two victims to settle the wrongful death case which was filed in Fresno County in California.

For more information on this subject, please refer to the section on Trucking Accidents.

Originally posted at InjuryBoard by Amy Rothschild